Loomis Municipal Code Art. IV Procedures

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

(Ord. 55 § 1.12, 1987)

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

(Ord. 55 § 1.13, 1987)

The director of public works may refer an application to other interested public agencies for their recommendations.

(Ord. 55 § 1.14, 1987)

A. No permit shall be granted until the director of public works and planning director are satisfied that a proposed project conforms with the town general plan, any specific plans and design and construction guidelines and standard details adopted thereto, and applicable town ordinances including the zoning ordinance. At a minimum, the applicant shall maintain existing natural vegetation and topography to the maximum extent feasible, protect sensitive natural features (such as creeks, native trees, habitat areas, wetlands, rock outcrops), avoid potentially hazardous areas (such as steep slopes, flood zones, and unstable soils) and incorporate these features into the development to the greatest extent practical.

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

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

1. Mitigation of adverse environmental impacts as disclosed by any environmental document findings;

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

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

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

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

6. Requirements for safeguarding areas reserved for on-site sewage disposal; and

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 seismic activity or flooding can be eliminated or adequately reduced.

D. Nonresidential lots shall not be issued grading permits until a project has been approved that has been found in conformance with the general plan.

(Ord. 55 § 1.15, 1987; Ord. 210 § 5, 2004;; Ord. 236 §§ 3, 4, 2007)

If the civil engineer, the soil engineer, the engineering geologist, or the testing agency of record are changed during the course of the work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of their technical competence for certification upon completion of the work.

(Ord. 210 § 6, 2004)

The transfer of a permit from the permittee to another person shall be subject to the written approval of the director of public works. The person to whom the permit is being transferred shall agree in writing to such modifications as may be required, and shall furnish the required security before transfer of the permit will be approved.

(Ord. 210 § 7, 2004)

All changes in the plans, grades, timing or extent of work shall be submitted to the director of public works for written approval and incorporation into the permit before any change in the work is commenced. The director of public works may amend the permit to approve such changes if appropriate, or may deny approval of such changes.

Failure to obtain prior approval for any change in the work shall be cause for the suspension of the permit until approval is obtained, and may result in the revocation of the permit if such changes are deemed to be hazardous to adjoining properties or to the public at large.

(Ord. 210 § 8, 2004)

A. The issuance of a grading permit by the town shall not 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 town, or other public agency, or for obtaining any easements or authorization for grading on property not owned by the permittee. The director may require that each application be accompanied by written evidence that the application has obtained such permits or approvals.

B. The plans for the proposed grading submitted with each application shall clearly show and identify by reference to recorded documents each easement that affects the land upon which the grading is proposed to occur. The application shall be accompanied by both a copy of each such recorded document and the written consent to the proposed grading executed by each person having a present lawful right to use such easement.

C. In lieu of providing such executed consent by each person having a lawful right to use the easement, the applicant may provide the town with written evidence that the applicant has given to each person who has a present lawful right to use the easement not less than thirty days written notice of the filing of the application and including a description of the grading in the casement area which is proposed in the application. Such notice shall also advise each such person that the grading permit will be issued by the town without the consent of such person unless the applicant is prohibited from obtaining or exercising such a permit by order of a court of competent jurisdiction.

D. The director of public works shall prescribe: (1) the form, content and manner of obtaining such written consents, and (2) the form, content and manner of giving of the written notices. In addition, the director of public works may require, as a condition of the approval of the permit, that the applicant agree to reimburse the town for all of its expenses incurred in determining that written consents have been properly obtained or that written notices have been properly given as required in this section, or both.

E. In addition, as a condition of the town's consideration of such application without all required consents and permissions, the director of public works shall require the applicant to agree in writing to indemnify, defend and save harmless the town, its officers, employees and agents against claims of third parties arising out of or related to the processing of or approval of such application.

F. Any application filed without the plans required by this section and the consent or notices, or both, required by this section may be determined by the director of public works to be incomplete. In addition, the director of public works may suspend or revoke any permit, as provided in Section 12.04.640, if it is determined by the director that the applicant failed to obtain all of the consents required by this section or failed to give all of the notices required by this section, or both.

(Ord. 55 § 1.16, 1987; Ord. 179 § 1, 1997; Ord. 210 § 9, 2004)

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

(Ord. 55 § 1.17, 1987)

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

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

(Ord. 55 § 1.18, 1987)

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 and regulations. If any part of this chapter is found not valid, the remainder of this chapter shall remain in effect.

(Ord. 55 § 1.19, 1987; Ord. 210 § 10, 2004)

Appeals on decisions pursuant to this chapter shall be made to the planning commission in writing setting forth the specific grounds thereto within fifteen calendar days from the date of such decision.

(Ord. 55 § 1.20, 1987)