Mission Viejo Municipal Code Div. 5 Grading Permit Requirements

(a) Except as exempted in section 8.10.300, no person shall conduct any grading or clearing, brushing or grubbing on natural grade or existing grade that is preparatory to grading, without first obtaining a grading permit from the director. A separate permit shall be required for each site and may cover both excavations and fills.

(b) When such operations involve the extraction or relocation of more than 5,000 cubic yards, such operations are also subject to the approval of a site development permit application. The total number of cubic yards shall be the larger of cut, including any export, or fill, including any import.

(c) A site development permit is not required under the following conditions:

(1) Grading and excavation conducted in compliance with approved sand and gravel extraction operations, an approved tentative map or use permit.

(2) Grading and excavation conducted in compliance with a building permit when limited to the area within the perimeter (footprint) of the structure, e.g., basement/foundation.

(3) Grading and excavation conducted in compliance with an approved area plan.

(4) Emergency grading to correct recent acts of nature.

(5) Other exemptions as defined in section 8.10.340.

(Ord. No. 10-286, § 2, 12-6-10)

(a) To obtain a grading permit, the applicant must first file an application in writing on a form furnished by the director. The permit application shall be accompanied by information required by the director and as specified in subarticle 5 of the grading manual. Each person applying to the city for a grading or building permit for projects for which compliance is required with a state general permit for discharges of stormwater associated with construction activity (general construction permit) must submit satisfactory proof to city that coverage under the general construction permit has been obtained before the city shall issue any grading or building permit on the construction project. Documents required under the general construction permit shall be maintained on site during grading and construction and shall be made available upon the request of any city inspector. The project must also comply with all activities required by the city's stormwater and urban runoff pollution control ordinance and local implementation plan (LIP). Each person applying to the city for a grading or building permit for projects where compliance with the general construction permit is not required must submit evidence that the grading project will be in compliance with the provisions of all applicable stormwater permits, including, but not limited to, the implementation of all applicable best management practices (BMPs), and in compliance with all activities required by the city's water quality code and LIP.

(b) Applications for which no permit is issued within 180 days following the date of application shall expire by limitation and plans submitted for checking may thereafter be returned to the applicant or destroyed by the director and all plan check fees shall be forfeited. The director may extend the time for action by the applicant up to three additional 180-day periods upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. Extensions shall only be issued in 180-day increments, and shall be approved by the director. In order to renew action for an application after expiration, the applicant may be requested to resubmit plans and pay new plan check fees, unless otherwise waived by the director.

(c) The director shall approve the permit application once all city requirements have been satisfied.

(Ord. No. 10-286, § 2, 12-6-10)

(a) Each application for a grading permit shall be accompanied by plans and specifications, supporting data consisting of soil engineering and engineering geology reports, as specified in section 8.10.520, and plans and reports specified by the water quality code, the city's LIP and any of its referenced documents.

(b) Grading plans and specifications shall be prepared and signed by a civil engineer or authorized professional, unless otherwise approved by the director. The director, prior to waiving this requirement, shall consider the nature of the project, the presence of critical drainage or geologic factors , the need for civil engineering design and control, and state law.

(Ord. No. 10-286, § 2, 12-6-10)

Grading plans and specifications shall be prepared in accordance with the grading requirements of section 8.10.1420 and subarticle 5 of the grading manual.

(Ord. No. 10-286, § 2, 12-6-10)

A soil engineering and engineering geology report shall be required for grading projects, unless otherwise waived by the director. The reports shall conform to the guidelines presented in the grading manual and shall include information appropriate for the site including any information required by the director. Recommendations included in the reports and approved by the director shall be incorporated in the grading plans or specifications. The soil engineer and engineering geologist shall review and sign the grading plans to assure inclusion of their recommendations. The director may require that the soil engineering report be reviewed by a third-party registered civil engineer and that the engineering geology report be reviewed by a third-party certified engineering geologist. The cost of the review shall be paid by the grading permit applicant.

(Ord. No. 10-286, § 2, 12-6-10)

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

(b) Every permit issued shall expire by limitation and become null and void if the work authorized by such permit is not commenced within two years 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.

(c) The time limitations and provisions of section 303, Permits Issuance, of the California Building Code as amended are applicable to grading permits, except as stated in subsections (1) and (2) below:

(1) A permit issued hereunder shall expire upon a change of ownership if the grading work thereon, for which the 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) are not applicable and if no changes have been made to the plans and specifications last submitted to the director, 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 director, 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, unless waived by the director.

(2) The director may extend the two-year expiration time limit on permits upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken.

(d) The director 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 8.10.530.

(e) If the permittee presents satisfactory reasons for failure to continue or begin the work within the period specified in subsection (b), the director, upon receiving a written request, may grant an extension of time as specified in subsection (c)(2), provided that:

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

(2) Suspension or abandonment has not exceeded two years.

(3) A reendorsement of the compliance of the plans, with the applicable regulations by the public works department, shall be obtained, if deemed necessary by the director.

Such request for extensions must be submitted no later than the 60th day following the date on which the permit would otherwise expire. If the permittee fails to request an extension within the time provided, the director may renew the grading permit for a fee based upon the original inspection fees paid.

(f) If the permittee is unable to complete the work by the end of a two-year period, the director may renew the grading permit for a 180-day period for a fee of one-quarter the amount required for the original permit for such work, unless otherwise approved by the director, provided no changes have been made in the original plans and specifications for such work.

(Ord. No. 10-286, § 2, 12-6-10)

(a) The director shall not issue a permit in any case where he 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 or interfere with any existing drainage course. If it can be shown to the satisfaction of the director that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices or by other mitigation measures or means, the director may issue the permit with the condition that such work be performed.

(b) If, in the opinion of the director, 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 director may require plans and specifications to be modified in order to mitigate anticipated adverse environmental effects of proposed grading projects. He may, under circumstances where the significant adverse environmental effects of a proposed grading project cannot be mitigated, deny the issuance of a grading permit.

(d) The director may require plans and specifications to be modified in order to make them consistent with the city general plan, specific plans, zoning code or other rules, regulations or conditions applicable to the project. He may deny the grading permit if the proposed project cannot be designed in accordance with these rules, regulations or conditions.

(Ord. No. 10-286, § 2, 12-6-10)

Grading and equipment operations within one-half 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 Sundays and federal holidays. The director may, however, permit grading or equipment operations during specific hours after 8:00 p.m. or before 7:00 a.m. or on Sundays and federal holidays if he 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 director'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 6.35 relating to noise control.

(Ord. No. 10-286, § 2, 12-6-10)

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 chapter, 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 signature of approval by the director.

(Ord. No. 10-286, § 2, 12-6-10)

Each adjacent owner is entitled to the lateral and subjacent support which his 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. California Civil Code § 832 is contained in appendix G of the grading manual.

(Ord. No. 10-286, § 2, 12-6-10)

Where earth materials are moved on public roadways from or to the site of an earth grading operation, all the following requirements shall apply unless waived by the director:

(1) 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 on 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.

(2) Loading and transportation of earth from or to the site must be accomplished between the hours of 9:00 a.m. and 3:00 p.m. unless prior approval is given by the director.

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

(4) The last 50 feet of the access road as it approaches the intersection with the public roadway shall have a grade not to exceed three percent. There must be 300 feet of clear, unobstructed sight distance to the intersection from both the public roadway and the access road. If the 300-foot sight distance cannot be obtained, flagmen shall be posted.

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

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

(7) A haul route permit shall be obtained from the director prior to earth material movement.

(Ord. No. 10-286, § 2, 12-6-10)