Lathrop Municipal Code Ch. 15.54 Review and Permitting of Grading Activities Within Reclamation District…

The enactment of this chapter Reclamation District 2062 is to:

A. Regulate grading, drainage, and other earthwork activities within the River Islands sub-planning area of the West Lathrop Specific Plan to preserve and safeguard public welfare, life, health, and property;

B. Ensure that the intended use of a graded site is consistent with the Lathrop General Plan, West Lathrop Specific Plan, California Building Code (as amended by city of Lathrop city council), the city of Lathrop's Standard Specifications and Details as applicable, stormwater regulations for construction activities, regulations and laws, including the Central Valley Flood Protection Act of 2008, enacted by Senate Bill 5 (2007), of the state of California pertaining to the safe construction, maintenance and operation of levees and all other applicable law;

C. To require implementation of erosion and sedimentation control measures to protect water quality and to reduce the discharge of pollutants into city stormwater drainage systems to the maximum extent practicable using best management practices; and

D. To establish authority and procedures for the issuance of grading permits specific to the River Islands sub-planning area, which will include approval of grading plans, inspection of earthwork activities and enforcement of all provisions of this chapter; and

E. To implement regulations and standards recommended for inclusion in the city's codes by the Department of Water Resources Urban Levee Design Criteria ("ULDC") as one of the requirements for certification of a levee system achieving 200 year flood protection.

(Ord. 16-362 § 1)

Where conflicts occur between this chapter and other local, state, or federal laws or regulations, the most restrictive shall apply.

(Ord. 16-362 § 1)

Unless the particular provision or the context otherwise requires, wherever the following terms are used in this chapter, they shall have the meaning ascribed to them in this section:

"Agricultural operation"

means any land related activity for the purpose of cultivating or raising plants grown in the ground or raising animals or conserving or protecting lands for such purposes when conducted on agriculturally zoned lands, legally nonconforming lands and is not surface mining or borrow pit operations.

"Board"

means the Board of Trustees of Island Reclamation District No. 2062, also known as "RD 2062."

"Building official"

means the chief building official of the city of Lathrop, either acting directly or through a building inspector or other authorized agent of the department under the direction of the building official.

"Central Valley Flood Protection Board" or "CVFPB"

means the former California State Reclamation Board, granted regulatory authority by the state to reduce the risk of flooding within California's Central Valley and to enforce Title 23 of the California Administrative Code and implement the adopted 2012 Central Valley Flood Protection Plan.

"City engineer"

means the city engineer of the city of Lathrop, either acting directly or through an authorized agent or employee under the direction of the city engineer.

"Civil engineer"

means a professional engineer registered as a civil engineer by the state of California.

"Compaction"

means the increase of density of a soil or rock fill by mechanical means.

"Cut."

See "Excavation."

"Days"

means calendar days, except that such time limits shall extend to the following working day where the last of the specified number of days falls on a Saturday, Sunday or any city of Lathrop holiday.

"Department"

means the public works department of the city of Lathrop.

"Director"

means the director of public works of the city of Lathrop, either acting directly or through an authorized agent or employee of the community development department.

"Department of Water Resources" or "DWR"

means the California State agency responsible for managing and protecting California's water and assists the CVFPB in enforcing certain regulations in regards to levees and flooding.

"Depth of fill"

means the vertical dimension from the exposed fill surface to the original, or sub-excavated, ground surface, whichever is lower.

"Depth of excavation (cut)"

means the vertical dimension from the exposed cut surface to the previous existing grade.

"Director of public works"

means the director of public works of the city of Lathrop, acting either directly or through authorized agents under the direction of the director of public works.

"Drainage way"

means a depression in the earth's surface such as swales, ravines, gullies, draws, hollows or ditches in which surface waters collect for drainage, but which otherwise is destitute of water.

"Embankment."

See "Fill."

"Enforcement official"

means any officer, employee, or department head of the city of Lathrop or other public agency charged with the duty of enforcing city codes, and/or the laws of the state of California and specifically includes any department directors and code enforcement officers of the public works department and authorized enforcement personnel of RD 2062.

"Engineering geologist"

means a registered geologist certified as an engineering geologist by the state of California.

"Engineering geology"

means the application of geologic knowledge in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

"Erosion"

means the wearing away and transportation of earth material as a result of the movement of wind, water, ice, or by animal or human traffic and activities.

"Excavation (cut)"

means the removal of naturally occurring, or anthropogenically placed, earth materials by mechanical means, and includes the conditions resulting therefrom.

"Existing grade"

means the elevation of the ground surface at a given point prior to excavating or filling.

"Expansive soil"

means any soil, which exhibits significant expansive properties as determined by a geotechnical engineer or civil engineer and approved by the department.

"Fill (embankment)"

means the deposit of soil, rock or other material placed by man and includes the conditions resulting therefrom.

"Finish grade"

means the final grade of the site after excavating or filling which conforms to the approved final grading plan. The finish grade is also the grade at the top of a paved surface.

"Geologic hazard"

means any condition in naturally occurring earth materials, which may endanger life, health or property.

"Geotechnical engineer"

means a civil engineer registered by the state of California who is qualified in the field of soil mechanics and soil engineering and has the authority to use the title soil engineer or geotechnical engineer pursuant to the Professional Engineers Act.

"Geotechnical engineering"

means the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and may include the inspection, testing and construction thereof.

"Grade"

means the vertical location of the ground surface.

Grade, existing.

"Existing grade" means the grade prior to grading.

Grade, rough.

"Rough grade" means the stage at which the grade approximately conforms to the approved plan.

"Grading"

means any land excavation or filling or combination thereof, or the removal, plowing under or burial of vegetative groundcover for non-agricultural purposes.

"Grading plan"

means a plan prepared in accordance with this chapter showing grading and related work.

"Grading work"

means grading and related work, such as, but not limited to, drainage improvements and erosion and sediment control.

"Hazardous materials"

is as defined in Health and Safety Code Division 20, Chapter 6.95, Article 1 (Health and Safety Code Section 25500 et seq.).

"Keyway"

means a special backfilled excavation, which is constructed beneath a planned fill slope to improve the stability of the slope.

"Landscape architect"

means a landscape architect registered by the state of California.

"Levee"

means the engineered embankment owned and maintained by RD 2062, either as part of the Federal Project levee system along the San Joaquin River Old River or Paradise Cut or non-project levees not immediately adjacent to a watercourse.

"Level" or "land leveling operation"

means the physical movement of rock or soil which results in change in the topography of the land, which results in the land being more level (perceptibly flat) than before.

"Lot."

See "Parcel."

"NPDES"

means the National Pollutant Discharge Elimination System, a Federal program regulating stormwater discharges pursuant to Sections 307, 402, 318 and 405 of the Clean Water Act (33 U.S.C. Section 1251 et seq.), as such Act may be amended from time to time.

"Owner"

means the person shown as the legal owner of a subject parcel on the latest equalized assessment roll in the office of the county assessor.

"Overland flow"

means and includes flow over planar surfaces, including, but not limited to, roofs, streets, lawns, parking lots and fields.

"Parcel," "lot" or "subject site"

means land described as a lot or parcel in a recorded deed or shown as a lot or parcel on a subdivision map or parcel map on file in the San Joaquin County recorder's office.

"Permit"

means an approved grading permit issued pursuant to this chapter authorizing certain grading work.

"Permittee"

means any person to whom a permit is issued pursuant to this chapter.

"Person"

means any individual, firm, corporation or public agency whether principal, agent, employee or otherwise.

"Record drawings"

means drawings for improvements or grading that show changes made during construction.

"Retaining wall"

means any constructed wall that holds back earth (or a liquid).

"Sediment"

means any material transported or deposited by water or air, including soil debris or other foreign matter.

"Site" or "subject site"

means any lot or parcel of land or combination of contiguous lots or parcels of land, whether held separately or joined together in common ownership or occupancy where grading is to be performed or has been performed.

"Slope"

means an inclined ground surface the inclination of which may be expressed as the ratio of horizontal distance to vertical distance or as the ratio of vertical distance per 100 feet horizontal distance when given as a percent.

"Soil"

means all earth material of any origin that overlies bedrock and may include the decomposed zone of bedrock, which can be excavated readily by mechanical equipment.

"Stormwater runoff"

means water runoff due to storms (rain, snow melt, etc.).

"Stream environment zone"

means perennial, intermittent, and ephemeral streams, meadows and marshes, and other areas of near-surface water influence.

"Structure"

means that which is built or constructed or any piece of work artificially built up or composed of parts joined in some definite manner.

"Surcharge"

means the additional loading acting above and behind a retaining wall other than from the normal active soil pressures; examples of surcharges include, but are not limited to, vehicles, buildings, snow, sloped backfill, stockpiles, construction staging areas and equipment.

"Terrace"

means a relatively level step constructed in the face of a graded slope surface for drainage, maintenance, or other purposes.

"Vegetation"

means plant life or total plant cover of an area, whether occurring naturally or planted ornamentally.

"Vehicular way"

means a private roadway or driveway.

"Watercourse"

means any natural or artificial channel flowing continuously or intermittently in a definite direction and course or used for the holding, delay or storage of waters, which functions at any time to convey or store stormwater runoff.

"W.D.I.D."

means Waste Discharge Identification Number issued by the California Regional Water Quality Control Board.

"Work."

See "Grading work."

"Zone A" or "Unit A"

means the exclusive perpetual right-of-way and easement, as defined in Central Valley Flood Protection Board encroachment permit number 18018-2, dedicated to the Sacramento San Joaquin Drainage District governed by the Central Valley Flood Protection Board that allows certain uses and activities that do not interfere with flood fighting activities or otherwise impede the flood protection abilities of the levee system along the San Joaquin River levee system within River Islands. "Zone A" shall be identified on a GIS map prepared by Reclamation District 2062 and provided to the city of Lathrop.

"Zone B" or "Unit B"

means the exclusive perpetual right-of-way and easement, as defined in Central Valley Flood Protection Board encroachment permit number 18018-2, dedicated to the Sacramento San Joaquin Drainage District governed by the Central Valley Flood Protection Board and RD 2062 to restrict any grading, construction or excavations by private individuals along the San Joaquin River levee system within River Islands.

"Zone B"

shall be identified on a GIS map prepared by Reclamation District 2062 and provided to the city of Lathrop.

(Ord. 16-362 § 1)

No person shall do or permit to be done any grading in such a manner that quantities of dirt, soil, rock, debris or other material substantially in excess of natural levels are washed, eroded or otherwise moved from the site, except as specifically provided for by a permit. In no event shall grading activities cause or contribute to the violation of provisions of any applicable NPDES stormwater discharge permit. All grading within the River Islands sub-planning area of the West Lathrop Specific Plan, regardless of whether or not a grading permit is required, shall be in compliance with all of the following:

A. Applicable requirements of this chapter and other city ordinances, codes, rules, regulations, and design standards.

B. Minimum acceptable industry standards for minimizing erosion and controlling sediment discharges.

C. Requirements of the Central Valley Regional Water Quality Control Board including the statewide "General Permit for Discharges of Storm Water Associated with Construction Activities."

D. As determined by the director, additional requirements beyond those specified or referenced in this chapter if such requirements are deemed necessary to protect the health, safety, or welfare of the public; to prevent or eliminate a hazard to public or private property; or, to otherwise fulfill the purposes of this chapter.

(Ord. 16-362 § 1)

No person shall do or permit to be done any grading which may obstruct, impede or interfere with the natural flow of stormwaters, in such manner as to cause flooding where it would not otherwise occur, aggravate any existing flooding condition or cause accelerated erosion. This section applies whether such waters are unconfined upon the surface of the land or confined within land depressions or natural drainage ways, are unimproved channels or watercourses or improved ditches, channels or conduits.

(Ord. 16-362 § 1)

A. Except for the specific exemptions listed in this section, no person shall do or permit to be done any grading on any site in the River Islands sub-planning area of the West Lathrop Specific Plan without a valid grading permit obtained from the department including the following:

1. Retaining walls which are over three feet in height, as measured from bottom of footing to top of the wall;

2. Any retaining walls that are subject to surcharge;

3. Private vehicular bridges;

4. Fill operations exceeding three feet when filling an abandoned swimming pool unless a demolition permit for same is obtained from the building division of the department;

5. Any excavation, in which the cut, exploration, drilling, mining, removal of any fill material or any other ground disturbance is in excess of 10 feet beneath the existing ground elevation or existing grade;

6. Any grading and/or other construction activity with ground disturbance of more than one acre, or any grading and/or construction activity smaller than one acre but part of a greater plan involving over one acre;

7. Any grading activity that involves lots which transition between higher elevations to lower elevations, where there is at least a one foot grade differential between adjacent lots. Any proposed grading activity in this case shall not impede stormwater flows or periodic inundation. Any proposed grading activity applicable under this subsection shall not undermine the lateral support of an adjacent lot and may require the review and stamped concurrence of a licensed civil or geotechnical engineer;

8. Any grading activity within Zone B ("Unit B") the Sacramento-San Joaquin Drainage District along the San Joaquin River levee in which the cut, exploration, drilling, mining, removal of any fill material or any other ground disturbance in excess of 10 feet beneath the existing ground elevation or existing grade is proposed.

B. Any grading activity within 500 feet of the waterside top of slope for any levee, including the area within Zone A ("Unit A") and Zone B ("Unit B") of the Sacramento-San Joaquin Drainage District along the San Joaquin River levee, requires the endorsement of RD 2062.

(Ord. 16-362 § 1)

Unless in conflict with provisions of adopted general and/or specific plans, the following grading may be done without obtaining a permit under this chapter. Exemption from the requirement of a permit shall not be deemed permission to violate any provision of this chapter or the need to obtain any other permits or other authorizations that may be otherwise required with that activity:

A. Minor projects which have cuts or fills, each of which is less than two feet in vertical depth at its deepest point measured from the existing ground surface and meets all of the following criteria:

1. Less than 50 cubic yards of graded material in a single area and does not obstruct a drainage course, within a two-year period. In calculating the graded material quantity, excavation material used as fill material will not be counted twice. (For example: 25 cubic yards [C.Y.] of excavation material that is also placed as fill material would be calculated as 25 cubic yards, not as 25 C.Y. + 25 C.Y. = 50 C.Y.),

2. Does not create unstable or erodible slopes,

3. Does not impact the seal integrity of any water well. If a well is encountered during the grading and is not intended for use, it shall be destroyed with permit from the San Joaquin County environmental health division,

4. Does not encroach into the areas designated in an "A Zone" as shown on the most recent FEMA Flood Insurance Rate Maps (FIRM),

5. Does not encroach into the areas designated as inundation easements, storm drain easements, slope easements, or any adopted Sacramento-San Joaquin Drainage District easement,

6. Does not obstruct any watercourse or disturb or negatively impact any drainage way, wetland, stream environment zone, or water body,

7. Does not divert or obstruct overland flow, or negatively affect other adjacent properties,

8. Includes provisions to effectively prevent discharges of pollutants from the site, and

9. Provides for completion of soil disturbing activities within a continuous period of 45 days, and revegetation of all disturbed areas immediately thereafter;

B. Grading done by or under the supervision or construction control of a state or federal agency that assumes full responsibility for the work;

C. Excavations or fill operations in connection with a swimming pool authorized by a valid building permit by the building division of the department, subject to the limitations of Section 15.54.060(B);

D. Retaining walls less than three feet in height, as measured from bottom of footing to the top of the wall, and not subject to surcharge;

E. Grading necessary for agricultural operations, unless such grading will create a cut or fill whose failure could endanger any structure intended for human or animal occupancy or any public road, or could obstruct any watercourse or drainage conduit, or provided no excavated material is imported to or exported from the premises;

F. Trenching and grading incidental to the construction or installation of approved underground pipe lines, septic tank disposal fields, conduits, electrical or communication facilities, and drilling or excavation for post holes or approved wells;

G. Excavations less than 250 cubic yards for soil or geological investigations by a geotechnical engineer, civil engineer, or engineering geologist;

H. Grading in accordance with plans incorporated in an approved surface mining permit, reclamation plan, or sanitary landfill or environmental remediation project or petroleum product tank removal and installation where governed by other state or county ordinance, and provided no excavated material is imported to or exported from the premises;

I. Performance of emergency work necessary to protect life or property when an urgent necessity arises. Emergency work may only be undertaken after notice is provided to the department and RD 2062 and clearance to perform such work is provided. The person performing such emergency work shall apply for a permit within 10 calendar days after commencing such work and apply for any applicable permit of RD 2062, DWR, U.S. Army Corps of Engineers or CVFPB.

(Ord. 16-362 § 1)

A. The schedule of fees and costs shall be those established by the city council of the city of Lathrop by resolution, in a sufficient amount, including, but not limited to, issuance of the permit, charges for review of plans, specifications and report, and other engineering services, field investigations, necessary inspection or other work and routine laboratory tests of materials and compaction.

B. Any person, firm or corporation doing grading work in violation of this chapter or when such work is not done in accordance with an approved permit when such permit is required, 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 and any permitting fees shall be double the regular fee.

(Ord. 16-362 § 1)

No person shall excavate or remove any material from or otherwise alter any levee required for river, creek, bay, or local drainage control channel, including excavation along the projected fill slope line, without prior approval of the department and RD 2062 and if applicable, DWR, CVFPB and the U.S. Army Corps of Engineers as defined by this chapter or applicable law. Grading, including excavation, within 500 feet of the waterside top of slope of any levee requires a grading permit review and written consent by RD 2062, as described in Section 15.54.100(C).

(Ord. 16-362 § 1)

A. Except as otherwise permitted by this chapter, a 20 foot setback shall be provided from the toe of any non-project levee for new structures, fences, private roads, non-public, privately owned utilities and storage or stockpiling of agricultural waste to preserve the long-term ability to conduct inspections, perform maintenance, fight floods, and allow room for future minor changes to levee configurations.

B. Parcels subject to Zone B ("Unit B") of any Sacramento-San Joaquin Drainage District easement, shall meet the following standards in lieu of those included in subsection A:

1. Excavations of three feet or less for the establishment of foundations for structures that are non-habitable, as defined by the California Building Code, shall meet the setback requirements of the River Islands Urban Design Concept, West Lathrop Specific Plan and applicable sections of the Lathrop Municipal Code. RD 2062 shall be notified for any excavation for non-habitable structures by the department prior to the approval of any city issued permit and shall receive written confirmation of RD 2062's consent to the excavation.

2. Excavations of 10 feet or less for the construction of a swimming pool or in-ground spa shall meet the setback requirements of the River Islands Urban Design Concept, West Lathrop Specific Plan and applicable sections of the Lathrop Specific Plan and shall require a building permit from the department.

C. In addition, any grading activity within 500 feet of the waterside top of slope of any levee, shall require written consent from RD 2062, prior to the issuance of any grading or building permit, or prior to the beginning of grading activities if exempt under Section 15.54.070. Additional demonstration that the proposed action will not have an adverse effect on the integrity of the levee system may be required. For the purposes of this section, grading activities are defined as those extending below elevation 20 NAVD88. RD 2062 shall provide to the director a GIS map that identifies all parcels located within 500 feet of the waterside top of slope of any levee, and RD 2062 shall be responsible to update that map within 10 days of approval of any final subdivision map, final parcel map or lot line adjustment approved by Lathrop.

D. Site-specific exceptions to the setback standard can be pursued by an application to the community development department on a case-by-case basis. These exceptions should only be allowed in instances where levee stability upgrades greatly exceed minimum standards, such that risk and uncertainty are substantially removed at that location.

E. Agricultural practices are generally exempt from setback requirements except the storage of agricultural waste, in which such waste shall be maintained at least 30 feet from any levee toe or levee access road. This exemption shall continue until agricultural activity ceases and development activity begins within the area protected by a levee.

(Ord. 16-362 § 1)

No person shall perform any grading work within the right-of-way of a public road or street, or within a public easement, without prior written approval of the director of public works and the city engineer.

(Ord. 16-362 § 1)

If the enforcement official determines that any grading on private or public property constitutes a hazard to public safety; endangers property; adversely affects the safety, use or stability of adjacent property, an overhead or underground utility, or a public way, watercourse or drainage channel; or could adversely affect the water quality of any water bodies or watercourses, the director, building official or authorized agent may issue a stop work notice to the owner of the property upon which the condition is located, or other person or agent in control of such property. Upon receipt of such stop work notice, the recipient shall, within the period specified therein, stop all work, obtain a grading permit and conform to the conditions of such permit. The department may require the submission of plans or soil or geological reports, detailed construction recommendations, drainage study or other engineering data prior to and in connection with any corrective or proposed work or activity.

(Ord. 16-362 § 1)

No permit issued under this chapter may be transferred or assigned in any manner whatsoever, without the express written consent of the director of public works.

(Ord. 16-362 § 1)

As a condition of any permit, the property owner shall grant to the city of Lathrop, a right of entry for the duration of the permit until after final inspection by the city of Lathrop. Whenever necessary to enforce the provisions of this chapter, the director or designee may enter the premises to perform any duty imposed by this chapter.

(Ord. 16-362 § 1)

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. 16-362 § 1)

No building permit, electrical permit, mechanical permit, nor any other permit of the city, RD 2062, CVFPB, DWR or U.S. Army Corps of Engineers shall be issued by the city to any person for any premises or portion thereof which is in violation of this chapter.

(Ord. 16-362 § 1)

Notwithstanding any other chapter or section of the Lathrop Municipal Code, persons who have an approved vesting tentative map and wish to grade prior to the approval of the improvement plans shall submit an application for an "at risk" grading permit and shall comply with the following requirements:

A. A separate grading plan shall be submitted for review and approval by the director and city engineer. This plan shall conform to the requirements of this chapter and any applicable conditions placed on the project as a result of any formal discretionary permit process. The applicant shall acknowledge that any additional grading or revisions to work necessitated by conflicts discovered during the improvement plan check or subsequent construction will be corrected solely at the applicant's expense.

B. When deemed necessary by the department or city engineer, the applicant shall submit a revegetation and winterization plan for review and approval. This plan shall include a performance agreement with the city which includes a specific schedule for performance of the subject grading, an engineer's estimate of cost for implementing the plan, and cash or other approved form of security to ensure the timely performance of the plan.

C. Plan check fees shall be required in full at time of plan submittal. Inspection fees shall be required in full prior to issuance of an "at-risk" grading permit.

D. A drainage report shall be required as per the requirements of this chapter and applicable city of Lathrop development standards at the discretion of the city engineer.

E. Any at-risk grading activities shall only be permitted at the discretion of the city engineer.

(Ord. 16-362 § 1)

Applications for permits shall be filed with the department and/or city engineer as applicable, on forms furnished by that department. Each application shall include a plan-checking fee and other fees as required, grading plans and a statement of the intended use of the site. The director and/or city engineer shall determine whether the application is complete or whether additional information is required from the applicant.

The applicant shall be notified within 20 working days, and provided outstanding requirements in writing if the application is deemed incomplete.

(Ord. 16-362 § 1)

The California Environmental Quality Act (Public Resources Code Section 21000 et seq.), known as "CEQA" may require the preparation of environmental documents concerning a proposed grading project, subject to review and determination of the director. Any such determination shall be completed before the grading permit application will be deemed complete.

(Ord. 16-362 § 1)

Applicant shall provide, with the application, documentation that he or she has notified Underground Service Alert (USA) and obtained a ticket number verifying notification compliance. The USA ticket shall be made no less than 30 calendar days of the date of application. No permit shall be issued until such verification is offered and documented. This section may be waived by the director of public works at his or her sole discretion.

(Ord. 16-362 § 1)

The department and/or the city engineer may refer an application to other interested or affected public agencies for their recommendations and/or approvals. All grading activities within 500 feet of the waterside top of slope of any levee shall require review and written consent by RD 2062 as described in Section 15.54.100(C).

(Ord. 16-362 § 1)

A. No permit shall be granted unless the project conforms to the Lathrop General Plan, West Lathrop Specific Plan, any other applicable community or neighborhood plans adopted thereto and all applicable city of Lathrop codes and ordinances including the zoning ordinance.

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

C. If the city has reasonable cause to believe that federal and/or state permits may be necessary for the project, no city permit shall be granted until permits are obtained from those the director may require other agencies. If no permits are required from other agencies, written notification from those agencies to be submitted to the department prior to city granting the permit.

D. The permit shall be limited to work shown on the grading plans as approved by the department and/or city engineer. In granting a permit, the department and/or city engineer may impose any condition deemed necessary to protect the health, safety and welfare of the public, to prevent the creation of a hazard to public or private property, to prevent erosion and to ensure proper completion of the grading, including, but not limited to:

1. Mitigation of adverse environmental impacts as disclosed by any environmental document findings. This includes the proper disposal of any hazardous material identified in the initial planning phase. The director may require clearance from the San Joaquin County office of emergency services or San Joaquin County environmental health division prior to approving a permit in such case;

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

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

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

5. Requirements for safeguarding watercourses, whether natural or man-made, from excessive deposition of sediment or debris in quantities exceeding natural levels;

6. Requirements for drafting and approval of a Storm Water Pollution Prevention Plan (SWPPP) and issuance of a W.D.I.D. by the Regional Water Quality Control Board as applicable;

7. 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 flooding can be eliminated or adequately reduced;

8. Requirements for safeguarding existing water wells;

9. When within 500 feet of the waterside top of levee slope, material to be used for engineered fill and backfill should be free from organic matter and other deleterious substance, and of such quality that it will compact thoroughly without excessive voids when watered and rolled.

(Ord. 16-362 § 1)

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 county, state or federal government or other public agency, or for obtaining any easements or authorization for grading on property not owned by the permittee. Proof of issuance of applicable public agency permits may be required before the issuance of a grading permit.

(Ord. 16-362 § 1)

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 licensed to practice land surveying or resolution of title, all at the expense of the applicant, may be required by the city engineer.

(Ord. 16-362 § 1)

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 no later than 30 days prior to the expiration of the permit. The director may grant additional time for the permitted work to be completed.

B. If all of the permit work required is not completed within the time limit specified in subsection A, no further grading shall be done without renewing the permit. A written request for renewal shall be submitted to the director who may require a new application and fees depending upon the time between the expiration date and the renewal request, revisions in city regulations, and/or changed circumstances in the immediate area.

Any revised plan shall be submitted to the director and city engineer (as applicable) for review, and any costs thereof shall be at the applicant's expense.

(Ord. 16-362 § 1)

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.

(Ord. 16-362 § 1)

Appeals on decisions pursuant to this chapter shall be made to the department in writing, setting forth the specific grounds thereto within 10 calendar days from the date of such decision. The written appeal shall be accompanied by an appeal fee as set from time to time by the city council. Upon the filing of an appeal, the city clerk shall set the matter for hearing. The hearing shall be held within 30 days after the date the request is received at the next regular city council as available. The appeal hearing may be continued from time to time at the request of the appellant or by a majority vote of the membership of the city council.

(Ord. 16-362 § 1)

A. The permittee shall notify the department upon work completion and request a final inspection. All permitted grading activities shall be subject to final inspection by the department and/or city engineer as applicable.

B. Upon determination by the director that all work has been completed in substantial conformance to the grading plan and associated requirements, a "completion notice" shall be issued by the department.

C. Issuance of a "completion notice" does not relieve the permittee of responsibility for compliance with all grading permit requirements. Issuance of a "completion notice" should not be construed as modifying any permit requirements or relieving the permittee of responsibilities for satisfactory work completion.

D. No certificate of occupancy or final building permit for residential uses shall be issued for a permitted structure until the director has issued a "completion notice" pursuant to this section. The owner may be required to post an approved security with the department in sufficient amount, as determined by the director, to ensure satisfactory completion of any ancillary work within a specified period of time.

(Ord. 16-362 § 1)

Each application for a grading permit shall be in a form and with content required by the Lathrop Municipal Code, as amended.

(Ord. 16-362 § 1)

A. Proposed modifications of an approved final plan shall be submitted to the director, with recommendation of the city engineer in writing for approval, unless included in improvement plans submitted for approval.

B. All necessary soils and geological information and design details shall accompany any proposed modification.

C. The modification shall be compatible with any subdivision map or land use requirements.

(Ord. 16-362 § 1)

Implementation of erosion and sediment control plans and other SWPPP related measures shall be based on the season of the year and the stage of construction at forecasted periods of rainfall and heavy storms. Erosion and sediment control plans shall allow for possible changes in construction scheduling, unanticipated field conditions, and relatively minor changes in grading. Modifications to plans may be required after plan acceptance.

(Ord. 16-362 § 1)

A soil or geologic investigation report shall accompany the application in any of the following circumstances when required by the city engineer:

A. When the proposed grading includes a cut or fill exceeding 10 feet in depth at any point; however, for vehicular ways, a soil investigation shall not be required unless the grading includes a proposed cut or fill that exceeds ten feet in depth and the slope of the natural ground exceeds 30%;

B. When 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. As required by RD 2062 for any grading activity within 500 feet of waterside top of slope of any levee, as described in Section 15.54.100(C);

E. Whenever required by the city engineer on a case-by-case basis particularly for grading within 500 feet of waterside top of slope of any levee.

(Ord. 16-362 § 1)

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 department and city engineer.

(Ord. 16-362 § 1)

A. As a condition of the permit, the director may require the permittee to retain a private geotechnical engineer or civil engineer to directly supervise or perform continuous inspection work, and upon completion of the work to provide a written statement acknowledging that he or she has inspected the work and that in his or her professional judgment the work was performed in accordance with the approved plans and specifications. The permittee shall make his or her own contractual arrangements for such services and shall be responsible for payment of all costs. Continuous inspection by a geotechnical engineer or civil engineer shall include, but not be limited to, the following situations:

1. During the preparation of a site for the placement of fills which exceed five feet in depth on slopes which exceed ten percent and during the placing of such fills; however, for vehicular pathways, fill placement shall be continuously inspected when fills exceed ten feet in height;

2. During the preparation of a site for the placement of any fill which is intended to support any building or structure when the fill exceeds three feet in depth;

3. During the installation of subsurface drainage facilities.

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

C. The use of a private geotechnical engineer or civil engineer for inspections shall not preclude the city engineer, director of public works, RD 2062 or other authorized officials from conducting inspections or from authorizing inspections by other qualified inspectors as may be necessary.

(Ord. 16-362 § 1)

Permittee shall submit to director a record drawing of the final grading following completion of the work, both in hard copy and AutoCAD formats if requested.

(Ord. 16-362 § 1)

A. The department and city engineer may inspect any work, or require certification by private engineer of any work, done under a grading permit. City inspections will continue and no permittee shall be deemed to have complied with this chapter unless one of the following has occurred:

1. After receiving a notice of termination signed by the state of California (if applicable), a final inspection has been performed by the department with the work done under the grading permit accepted as complete; or

2. Certification of completion by the civil engineer, or the geotechnical engineer of record, has been submitted to and accepted by the director and city engineer; or

3. The final inspection has been waived in writing by the director.

B. The permittee shall provide adequate access to the site for inspection by the city and any other applicable public agency during the performance of all work and for a minimum period of one year after completion of the work. City and/or RD 2062 may require an inspection of the work area prior to grading activities in addition to the inspections during grading, and with the final inspection (if performed).

C. If the engineer of record is changed during the grading, the work shall be stopped until the replacement engineer has agreed in writing to accept his or her responsibility within the area of technical competence for approval upon completion of the work. It shall be the duty of the permittee to notify the director and city engineer in writing of such change prior to the recommencement of such grading.

D. Owner, developer, and contractor are responsible for the maintenance of all erosion and sediment control measures using best management practices on the project site until accepted as complete by the department.

(Ord. 16-362 § 1)

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. The contractor shall notify Underground Service Alert ("USA"), and all other facility owners that are not members of USA, two working days in advance of any digging.

B. Protection of Adjacent Property. The property owner is responsible for the prevention of damage to adjacent properties. No person(s) shall excavate or fill on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley or other public or private property, or easement, without supporting and protecting such property from damage which may result.

C. Advance Notice. The permittee shall notify the department at least 48 hours prior to the start of work.

D. Erosion and Sediment Control. It shall be the responsibility of the permittee to control discharge of sediment from the site to any watercourse, drainage system, or adjacent property and to protect watercourses and adjacent properties from damage by erosion, flooding or deposition of sediment which may result from the permitted grading.

E. Hazardous Materials Control. It shall be the responsibility of the permittee to prevent discharge of hazardous materials from the site to any watercourse, drainage system, or adjacent property, and to protect watercourses and adjacent properties from damage by hazardous materials, which may result from the permitted grading.

(Ord. 16-362 § 1)

All work to be performed under this chapter shall adhere to the city's latest adopted Standards and Standard Details and all applicable chapters of the Lathrop Municipal Code.

(Ord. 16-362 § 1)

Notwithstanding any other section of this chapter, the following shall apply:

A. The purpose of this section is to establish procedures for enforcement of the provisions of this chapter and is intended to support timely correction of nuisances and violations of the provisions of this code while ensuring due process of law in the abatement or correction of such nuisances and violations.

1. Primary Authority. The enforcement official is empowered to use any of the provisions of this chapter where appropriate to correct violations of, and secure compliance with, the provisions of this chapter.

2. Warning Not Required. Issuance of a warning shall not be a requirement prior to using any enforcement provision of this chapter. Violations of this chapter are not tiered and are subject to citations without notice of noncompliance.

B. It shall be the duty of the enforcement official to enforce the provisions of this chapter and the enforcement official has the following responsibilities and authorities in the enforcement and administration of the provisions of this chapter:

1. To review with affected individuals the provisions of this code through methods to support voluntary compliance with its provisions;

2. To issue citations for violations of this code, and to issue stop work orders;

3. To initiate necessary proceedings to forfeit securities, bonds or cash deposits;

4. To initiate proceedings to revoke land use permits and other entitlements granted under the Lathrop Municipal Code;

5. To initiate and conduct nuisance abatement proceedings and to carry out additional abatement responsibilities regarding violations of this code;

6. To carry out any other special enforcement programs initiated by ordinance, order or resolution of the city council, and any other responsibilities and authorities specified by this chapter or this code;

7. To recover enforcement investigation and processing costs.

(Ord. 16-362 § 1)

A. Informal Warning. Whenever the enforcement official determines that a violation of a provision of this chapter has occurred or may occur, the enforcement official may provide a warning to any person and/or owner responsible for the condition giving rise to such violation or potential violation. Such warning may include the distribution of educational materials to assist in future compliance with this chapter. This warning may be provided in person or in a written notice of correction.

B. Notice of Noncompliance. Whenever the enforcement official determines that a violation of a provision of this chapter has occurred, the enforcement official may serve a notice of noncompliance to any person and/or owner responsible for the violation. Each notice of noncompliance shall contain the following information:

1. The date of the violation;

2. The address or a definite description of the location where the violation occurred;

3. The ordinance section violated and a description of the violation;

4. A time limit by which the violation shall be corrected, after which further enforcement and/or corrective actions may be taken by the city if the violation is not fully corrected;

5. The name and signature of the individual preparing the notice of noncompliance; and

6. Notice to the violator of potential liability under the Federal Clean Water Act or State Porter Cologne Water Quality Act (Water Code Section 13000 et seq.).

C. Stop Work Orders. Whenever any person is performing work in violation of the provisions of this chapter, in violation of permit requirements, or without a permit as required by this chapter, the director or designee may issue a written "stop work order" to the responsible party citing the nature of the violation and specifying a timeframe for required corrective action. If there are no persons present on the premises, the notice may be posted in a conspicuous place. Upon receipt of such stop work order, the person performing the work shall:

1. Stop work immediately; and

2. Within 24 hours, provide the director with a list of remedies which can be immediately undertaken to bring the work into compliance with this chapter; and

3. Within 24 hours after approval of a remedy by the director, undertake, at the violator's sole expense, such remedy as is necessary to bring the work into compliance with this chapter. If the responsible party fails to comply with the stop work order served pursuant to this section, the city may use any and all remedies available to it under this chapter, in law, or in equity, including, but not limited to: shutting down all work on the site, performing the corrective work either with city crews or by contract, or arresting the responsible party for violation of this chapter.

D. Citation. The enforcement official is authorized to issue citations for infractions of this section using the provisions found in this code.

E. Infraction/Misdemeanor. Any violation of this chapter may be charged as an infraction or as a misdemeanor and may be punishable using the respective provisions of this code.

F. Service. The enforcement officer is authorized to use the provisions of this chapter to serve a notice of correction, notice of noncompliance, administrative compliance order, and/or citations to effectuate the provisions of this chapter.

G. Separate Violation—Intent.

1. Each day in which a violation occurs and each separate failure to comply with any provision of this chapter is a separate offense and punishable by penalties in accordance with this chapter.

2. A violation of the provisions of this chapter shall occur irrespective of the negligence or intent of the violator.

(Ord. 16-362 § 1)

A. For any violations of this chapter, the penalty shall be punishment by either a fine not exceeding $1,000 per occurrence, or imprisonment in the County Jail for a term not exceeding six months, or by both such fine and imprisonment (misdemeanor), or as an infraction, the penalty shall be:

1. A fine not exceeding $100 for a first violation.

2. A fine not exceeding $200 for a second violation of the same provision within one year.

3. A fine not exceeding $500 for each additional violation of the same provision within one year. The penalty imposed for a conviction under this section may include probation and/or conditional sentence.

B. Each day's violation of this code, ordinance, or regulation, shall constitute a separate and distinct offense.

C. When pronouncing sentence on any matter involving a violation of this code, the court is authorized, as a condition of sentence or condition of probation, to award costs of enforcement in addition to any fines imposed, and/or to order that the property be brought into compliance with all applicable laws, and/or such other orders as the court may deem proper.

D. Civil Penalty. In addition to any other penalty provided, any person who willfully violates any of the provisions of this chapter shall be liable for civil penalties of up to $500 per day per violation for each day's violation of this code, ordinance, or regulation, not to exceed a total civil penalty of $100,000 per violation and not to exceed a total for all violations of $250,000.

1. This penalty shall be recovered in a civil action brought by the city attorney of the city of Lathrop or the San Joaquin County district attorney.

2. The provisions of this subsection shall be applicable to all violations, and each day's violation thereof, for any offense committed after the effective date of the ordinance codified in this chapter.

3. As to offenses committed prior to the effective date of the ordinance codified in this chapter the provisions of this chapter shall be applicable to continuing violations thereof which occur from and after the effective date of the ordinance codified in this chapter.

E. The remedies enumerated in this section are cumulative and in addition to any and all other remedies provided by law.

(Ord. 16-362 § 1)

In addition to any other remedies provided in this section, any violation of this chapter may be enforced by civil action brought by the city. In any such action, the city may seek, as appropriate and allowed by law, any or all of the following remedies:

A. A temporary restraining order, preliminary and permanent injunction;

B. Reimbursement for the costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing action under this section;

C. Costs incurred in removing, correcting or terminating the adverse effect(s) resulting from the violation;

D. Compensatory damages for loss or destruction of water quality, wildlife, fish and aquatic life. Costs and damages under this subsection shall be paid to the county and shall be used exclusively for costs associated with monitoring and establishing stormwater discharge pollution control systems and/or implementing or enforcing the provisions of this chapter.

(Ord. 16-362 § 1)

A. Nuisance Abatement. The enforcement agency may, in addition to other authorized procedures set forth in this chapter, take action to abate any nuisance in accordance with the procedures found in this code. The costs of any such abatement undertaken by the city shall be borne by the owner and shall be collectable in accordance with the applicable provisions of the Lathrop Municipal Code.

B. Urgency Abatement. The enforcement agency may, in addition to other authorized procedures, take immediate action to abate any discharge or threatened discharge from any source to the storm drain system when, in the discretion of the enforcement agency, the discharge or threatened discharge causes or threatens to cause a condition which presents an imminent danger to the public health, safety, or welfare, or the environment, or a violation of an NPDES permit. The enforcement agency must first make reasonable attempts to contact and compel the responsible person and/or owner to abate the discharge or threatened discharge in a satisfactory manner. The costs of any such abatement shall be borne by the owner and shall be collectable in accordance with the applicable provisions of the Lathrop Municipal Code.

(Ord. 16-362 § 1)