Lake Forest Municipal Code Art. V Grading Permit Requirements

Except as exempted in Section 8.30.030, Grading permits, of this Grading Code, no person shall conduct any grading, clearing, brushing, grubbing, excavating, or any other activity that results in a land disturbance of one acre or more or any other activity that results in a land disturbance of less than one acre but which may cause or contribute to an unauthorized discharge of pollutants or cause or contribute to a violation of any water quality requirement on natural grade or existing grade that is preparatory to grading, without first obtaining a grading permit from the Building Official. A separate permit shall be required for each site and may cover both excavations and fills.

(Ord. 107 § 1, 1999; Ord. 246 § 15, 2013)

A. To obtain a grading permit, the applicant must first file an application in writing on a form furnished by the City. The permit application shall be accompanied by information required by the City Engineer and as specified in subarticle 5 of the grading manual including, but not limited to, all documents and information required by Chapter 15.14 of the Lake Forest Municipal Code and evidence that the grading will be performed in compliance with all applicable water quality requirements. Each application for a grading permit for which compliance with the State Construction General Permit is required shall submit satisfactory proof to the City that coverage under the State Construction General Permit has been obtained before the City shall issue any grading permit. Documents required under the State Construction General Permit shall be maintained on-site during grading and construction and shall be made available upon the request of any City inspector.

B. Applications for which no grading permit is issued shall expire by limitation, and plans submitted for checking may thereafter be returned to the applicant or destroyed by the City Engineer, 180 days following the date the application was submitted if the applicant fails to provide information or documentation requested in connection with said application or if the applicant otherwise fails to diligently complete the application. The City Engineer may extend the time for action by the applicant for a period not exceeding two successive periods of 180 days each upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action for an application after expiration, the applicant shall resubmit plans and submit a new plan check deposit, if necessary.

(Ord. 107 § 1, 1999; Ord. 246 § 16, 2013)

A. Each application for a grading permit shall be accompanied by plans and specifications, and supporting data consisting of soil engineering and engineering geology reports when required by the City Engineer, as specified in Section 8.30.058, Soil engineering and engineering geology reports, of this Grading Code.

B. Plans and specifications for earthwork projects of 5,000 cubic yards or more, and/or subdivisions and hillside commercial, industrial, and multiresidential projects shall be prepared and signed by a civil engineer, unless otherwise approved by the City Engineer. This requirement may be extended to any project when, in the opinion of the City Engineer, critical drainage or geologic factors may be involved and there is need for civil engineering design and control.

(Ord. 107 § 1, 1999; Ord. 246 § 17, 2013)

Grading plans and specifications shall be prepared in accordance with the grading requirements of Section 8.30.162A, Grading Requirements, of this Grading Code and subarticle 5 of the grading manual.

(Ord. 107 § 1, 1999)

A soil engineering and engineering geology report shall be required for grading projects, unless other-wise waived by the City Engineer. The reports shall include information appropriate for the site including any information required by the City Engineer. Recommendations included in the reports and approved by the City Engineer shall be incorporated in the grading plans or specifications.

(Ord. 107 § 1, 1999; Ord. 246 § 18, 2013)

A. The application and required accompanying information filed by the applicant for a grading permit shall be reviewed by the City Engineer, Building Official, and/or other City departments to verify compliance with the requirements of this Code, the grading manual, and any other applicable City requirements, laws, ordinances or water quality requirements. If the City Engineer finds that the work described in the application for a grading permit and submitted plans, specifications, and other data filed do not conform to the requirements of this chapter, the grading manual, and other pertinent laws, ordinances, City requirements or water quality requirements, and the required fees have been paid, a grading permit shall be denied.

B. In issuing any grading permits under this chapter, the City Engineer may impose any conditions as may be reasonable and necessary to protect the public welfare, including, but not limited to, conditions to prevent danger to public or private property, to prevent hazards to life or property, to minimize adverse effects on the environment, to ensure proper cleanup operations, to ensure compliance with and to recover costs for enforcement of water quality requirements, and to recover costs for construction hours enforcement.

C. The issuance of a grading permit shall constitute authorization to do only that work which is described or illustrated on the application for the grading permit, or on the grading plans and specifications approved by the City.

D. Grading permits issued under the provisions of this section shall not relieve the applicant and/or owner of the responsibility for securing other permits or licenses that may be required from other departments or divisions of the City or other government entities.

E. Every permit issued shall be valid for a period of two years from the date of issuance.

F. Every permit issued shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days.

G. The time limitations and provisions of Section 303, Permits Issuance, of the Uniform Building Code as amended are applicable to grading permits, except as stated in subsections (G)(1) and (2) of this section:

1. A permit issued hereunder shall expire upon a change of ownership if the grading work thereon, for which said permit was issued, has not been completed, and a new permit shall be required for the completion of the work. If the time limitations of subsections A and B of this section are not applicable and if no changes have been made to the plans and specifications last submitted to the City Engineer, no charge shall be made for the issuance of the new permit under such circumstances. If, however, changes have been made to the plans and specifications last submitted to the City Engineer, fees based on the valuation of the additional work, additional yardage and necessary plan checking as provided for in subarticle 6 of the grading manual shall be charged to the permit applicant.

2. The City Engineer may extend the 180 day expiration time limit on permits not to exceed two successive periods of 180 days each upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken.

H. The City Engineer may require that grading operations and project designs be modified if delays occur which incur weather-related problems not considered at the time the permit was issued, and further subject to the provisions of Section 8.30.062, Denial of permit, of this Grading Code.

I. If the permittee presents satisfactory reasons for failure to continue or begin the work within the period specified in subsection B of this section, the City Engineer, upon receiving a written request, may grant an extension of time as specified in subsection (C)(2) of this section without additional fees, provided that:

1. No changes have been made in the original plans and specifications for such work;

2. Suspension or abandonment has not exceeded one year;

3. A re-endorsement of the compliance of the plans with the applicable regulations by the City Engineer shall be obtained. Such request for extensions must be submitted no later than the sixtieth (60th) day following the date on which said permit would otherwise expire. If the permittee fails to request an extension within the time provided, the City Engineer may renew the grading permit for a fee of 1/2 the amount required for the original permit provided no changes have been made in the original plans and specifications for such work.

J. If the permittee is unable to complete the work by the end of a two year period, the City Engineer may renew the grading permit on an annual basis for a fee of 1/2 the amount required for the original permit for such work, provided no changes have been made in the original plans and specifications for such work.

(Ord. 107 § 1, 1999; Ord. 246 § 19, 2013)

A. The City Engineer shall not issue a grading permit in any case where he/she finds that the work as proposed by the applicant is liable to constitute a hazard to property or result in the deposition of debris on any public way, interfere with any existing drainage course, or cause or contribute to a violation of any water quality requirement. If it can be shown to the satisfaction of the City Engineer that the hazard can be essentially eliminated by the construction of BMPs, retaining structures, buttress fills, drainage devices, or by other means, the City Engineer may issue the permit with the condition that such work be performed.

B. If, in the opinion of the City Engineer, the land area for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the grading permit and the building permits for habitable structures shall be denied.

C. The City Engineer may require plans and specifications to be modified in order to mitigate anticipated adverse environmental effects of a proposed grading projects. The City Engineer may, under circumstances where the significant environmental effects of a proposed grading project cannot be mitigated, deny the issuance of a grading permit.

D. The City Engineer may require plans and specifications to be modified in order to make them consistent with the Lake Forest General Plan, any applicable specific plans, zoning code, planned community, water quality requirements or other rules, regulations, or conditions applicable to the project. The City Engineer may deny the grading permit if the proposed project cannot be designed in accordance with these rules, relations, or conditions.

(Ord. 107 § 1, 1999; Ord. 140 § 2(5), 2003; Ord. 246 § 20, 2013)

Grading and equipment operations within one-half (½) mile of a structure for human occupancy shall not be conducted between the hours of 8:00 p.m. and 7:00 a.m. nor on Sunday and legal City of Lake Forest holidays. The City Engineer may, however, permit grading or equipment operations during specific hours after 8:00 p.m. or before 7:00 a.m. or on Sunday and legal City of Lake Forest holidays if he/she determines that such operations are not detrimental to the health, safety, or welfare of the inhabitants of such a structure. Permitted hours of operation may be shortened by the City Engineer's finding of a previously unforeseen effect on the health, safety, or welfare of the surrounding community. However, no permit that has been issued, nor any provision of this section shall be construed to be a waiver of the applicability of the provisions set forth in Chapter 11.16, Noise Control, of this Code.

(Ord. 107 § 1, 1999; Ord. 246 § 21, 2013; Ord. 315 § 5, 2019)

A. It shall be the responsibility of the permittee to be knowledgeable of the conditions and/or restrictions of the grading permit as outlined in applicable sections of this Code, the Grading Manual, and as contained on the approved grading plans and in the approved soil and geology reports. The permittee shall also be responsible to maintain in an obvious and accessible location on the site, a copy of the grading plans bearing the stamp of approval by the Building Official.

B. All grading permits, waivers or exemptions issued hereunder shall be deemed to include the provisions that the permittee, the permittee's agents, contractors and employees, shall carry out the proposed work in accordance with any applicable water quality requirements prepared and maintained pursuant to Federal or State requirements or County directive, and in compliance with all requirements of the permit and this chapter. Failure to carry out the work in accordance with the approved plans and specifications, the applicable water quality requirements, and in compliance with all requirements of the permit and this chapter shall be violation of this chapter.

(Ord. 107 § 1, 1999; Ord. 140 § 2(6), 2003)

Each adjacent owner is entitled to the lateral and subjacent support which his/her land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement as provided by law. Section 832 of the California Civil Code is contained in Appendix G of the grading manual.

(Ord. 107 § 1, 1999)

Where an excess of 5,000 cubic yards of earth per project site is moved on public roadways from or to the site of an earth grading operation, all of the following requirements shall apply:

A. Either water or dust palliative or both must be applied for the alleviation or prevention of excessive dust resulting from the loading or transportation of earth from or to the project site of public roadways. The permittee shall be responsible for maintaining public rights-of-way used for handling purposes in a condition free of dust, earth, or debris attributed to the grading operation.

B. Loading and transportation of earth from or to the site must be accomplished within the limitations established in Section 8.30.064, Time of grading operations, of this Grading Code.

C. Access roads to the premises shall be only at points designated on the approved grading plan.

D. The last fifty feet (50′) of the access road, as it approaches the intersection with the public roadway, shall have a grade not to exceed 3%. There must be three hundred feet (300′) clear, unobstructed sight distance to the intersection from both the public roadway and the access road. If the three hundred feet (300′) sight distance cannot be obtained, a flagger shall be posted.

E. A stop sign conforming to the requirements of the California Vehicle Code shall be posted at the entrance of the access road to the public roadway.

F. An advance warning sign must be posted on the public roadway four hundred feet (400′) on either side of the access intersection, carrying the words "truck crossing." The sign shall be diamond shape, each side being thirty inches (30″) length, shall have a yellow background, and the letter thereon shall be five inches (5″) in height. The sign shall be placed six feet (6′) from the edge of the pavement and the base of the sign shall be five feet (5′) above the pavement level. The advance warning sign shall be covered or removed when the access intersection is not in use.

(Ord. 107 § 1, 1999)