Chapter 3-7 — GRADING

Section 716-4.202 of the County Ordinance Code that was adopted by reference by section 1.d.(10) of Ordinance No. 131 and amended by Ordinance No. 527 is amended to read as follows:

716-4.202 Required—Generally

(a) No person may grade as that term is defined in section 716-2.426 without a valid permit unless excepted as provided in section 716-4.204.

(b) A grading permit is required for each subdivision as defined by the City's subdivision regulations and every project for which the City requires a grading permit as a condition of approval, notwithstanding the exceptions set forth in section 716-4.204. The community development department shall review the permit for compliance with the City's subdivision regulations.

(c) A separate grading permit is required for work on each site. However, if the grading permit covers contiguous sites and the entire area is included in the grading plans accompanying the application for a

permit, one permit may cover all the sites.

(d) An application for a grading permit involving 50 or more cubic yards must be accompanied by an application for a "project for development." A "project for development" means construction, reconstruction or alteration of the size of a residence or other structure, drainage improvement, slide repair, landscaping, the construction of a swimming pool or retaining wall and any other change in the density or intensity of the use of land.

1. The zoning administrator acts on each application for a permit that involves between 50 and 200 cubic yards and may (i) approve the permit with or without conditions, (ii) schedule and hold a public hearing on the application, or (iii) refer the application to the Design Review Commission.

2. If the application involves more than 200 cubic yards, the zoning administrator may either process the application as the approving authority or may refer the application to the Design Review Commission as the approving authority. In either case, the application requires a public hearing.

3. Before the zoning administrator or Design Review Commission acts upon an application for a grading permit, notice must be given and a hearing held. The City shall mail or deliver notice of the application in accordance with the notice provisions set forth in section 6-211(b) of the Lafayette Municipal Code. The notice shall state the general nature of the application, the street address of the property involved or its legal or boundary description, and the date of the public hearing on the application.

(e) In each case where a public hearing is required and before issuing the grading permit the zoning administrator or Design Review Commission, as the case may be, must make the following findings:

1. The grading will not endanger the stability of the site or adjacent property or pose a significant ground movement hazard to an adjacent property. The decision making authority may require the project geotechnical engineer to certify the suitability of the project supported by appropriate technical studies, including subsurface investigation;

2. The grading will not significantly increase erosion or flooding affecting the site or other property and will not cause impacts to riparian habitats, stream channel capacity or water quality that cannot be substantially mitigated;

3. The grading, when completed, will result in a building site that is visually compatible with the surrounding land;

4. The grading is sensitive to the existing landforms, topography and natural features on the site;

5. The design of the project preserves existing trees on the site and trees on adjoining property to the extent possible;

6. Arborist recommendations for retained trees, if any, are incorporated into the grading plans.

(f) The approval of a permit to move more than 200 cubic yards that accompanies an application for a project is subject to approval by the zoning administrator and the Design Review Commission, as the case may be. The decision of the zoning administrator is appealable to the Design Review Commission. The decision of the Design Review Commission is appealable to the Planning Commission.

(g) If the application is for a project that requires approval by the zoning administration, Design Review Commission or the Planning Commission, the application for the grading permit shall be included as part of the project application.

(h) Each grading permit requires a final grading plan that is subject to review and approval by the City engineer and the zoning administrator.

(Ord. 536 § 1, 2002: Ord. 527 § 1, 2002)

Sections 716-4.204, 716-4.206 and 716-4.208 of the County Ordinance Code that were adopted by reference by section 1.d.(10) of Ordinance No. 131 and amended by Ordinance No. 527 are amended and combined and consolidated into section 716-4.204 to read as follows:

716-4.204 Exceptions to the requirement for a grading permit. A grading permit is not required for:

1. minor grading that involves:

a. land leveling for agricultural farming, if the average ground elevation is not changed more than 3 feet (0.914 meters);

b. cemetery graves;

c. the movement of less than 50 cubic yards. However, if the movement of less than 50 cubic yards would alter a drainage course or have an adverse impact on unique natural features or vegetation, the zoning administrator shall hold a hearing before issuing a grading permit.

2. the following types of grading:

a. an excavation below finished grade for basements and footing of structures authorized by a valid building permit or trench excavations for the purpose of installing underground utilities, if to be backfilled to natural grade;

b. mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay, for which a permit has been granted by the planning agency; provided that, such operations do not affect the lateral support or increase the stresses in, or pressure upon, any adjacent or contiguous property;

c. improvement of watercourses and construction of drainage, irrigation and domestic water supply systems and facilities performed under the supervision of the flood control district, an agency of the federal or state government, a water or sanitation district, or an irrigation or reclamation district;

d. the construction, repair and maintenance of levees for river and local drainage control performed by a governmental agency;

e. refuse and garbage disposal sites controlled by other regulations;

f. emergency work, as authorized by the county building official, necessary to protect life, limb or property, or to maintain the safety, use or stability of a public way or drainage way;

g. excavation for installation of underground storage tank where the capacity of the tank does not exceed 20,000 gallons (75700 liters);

h. grading in an isolated, self-contained area if the county building official determines that no danger to private or public property is likely to result from the grading operations;

i. the structural section of subdivision streets in tracts for which subdivision improvement plans have been reviewed by the City and the work is being inspected by the City under the City's subdivision regulations;

j. a temporary local borrow pit for road material and top soil for landscaping situated within a larger ownership being subdivided into lots, if the material is being used entirely within the tract being subdivided, and if the excavation does not endanger property under another ownership or creates a public nuisance or safety hazard. The land shall be graded to comply with this division on cessation of excavation within the pit areas;

k. a temporary stockpile of top-soil material required for landscaping loss being graded in the immediate area for building purposes if the stockpile is not placed within a public right-of-way, does not obstruct a drainage way, is not subject to erosion which will cause silting problems in a drainage way, does not endanger another property, and does not create a public nuisance or safety hazard, as determined by the building official. The land shall be graded to comply with this division after removal of the stockpile;

1. a fire trail, or access road to a public utility gas and electric transmission line.

(Ord. 536 § 2, 2002: Ord. 527 §§ 2, 3, 2002)

Section 716-4.402 of the County Ordinance Code that was adopted by reference by section 1.d.(10) of Ordinance No. 131 and amended by Ordinance No. 527 is amended to read as follows:

716-4.402 Applications—Written. To obtain a permit the applicant shall first file a written application with the planning services division of the City on an approved form. Every application shall conform to the requirements set forth in Sections 716-4.404—716-4.414. The City shall process the application as provided in section 716-4.202(d) and (e).

(Ord. 536 § 3, 2002)

Section 716-4.414 of the County Ordinance Code that was adopted by reference by section 1.d.(10) of Ordinance No. 131 is amended to read as follows:

716-4.414 Applications—Other information. The applicant shall submit such other information as may be required by the City's planning services division or building official.

(Ord. 536 § 4, 2002)

Section 716-4.604 of the County Ordinance Code that was adopted by reference by section 1.d.(10) of Ordinance No. 131 is amended by adding subsection (g) to read as follows:

(g) such other information as required by the City's planning services division.

(Ord. 536 § 5, 2002)

Section 716-4. 1002 of the County Ordinance Code that was adopted by reference by section 1.d.(10) of Ordinance No. 131 is amended to read as follows:

716-4.1002 Fees—Generally. For a grading permit the applicant shall pay (1) the fees set forth in sections 716-4. 1006—716-4. 1016 and (2) the fees fixed by resolution of the City Council.

(Ord. 536 § 6, 2002)

In Division 716 of the County Ordinance Code adopted by reference by the City (Chapters 716-2 through 716-8) references are made to the "county building official." Wherever a reference appears to "county building official" in the following sections, there is added "and the Planning Service Division" after the reference to county building official:

(Ord. 536 § 7, 2002)

Section 716-4.1416(b) that was adopted by reference by section 1.d.(10) of Ordinance No. 131 is amended by deleting the reference to Title 8 and substituting the reference to "Title 6 of the Lafayette Municipal Code."

(Ord. 536 § 8, 2002)

APPENDIX A:\CONTRA COSTRA COUNTY GRADING ORDINANCE