Chapter 12.08 — PERMITS

• A. Except as provided in subsection B , no person shall engage in or perform any grading without first having obtained a grading permit from the city engineer.

• B. No grading permit shall be required for any of the following:

  1. An excavation below finished grade for basements and footings of a building, retaining wall, swimming pool, or other structure authorized by a valid building permit. This exemption shall not apply to any fill made with the material from such excavation, or to any excavation having an unsupported height greater than five feet after the completion of such structure;

  2. Cemetery graves;

  3. Refuse disposal sites controlled by other regulations;

  4. Mining, quarrying, excavating, processing, stockpiling of rock, sand, aggregate or clay where established and provided by law, provided that such operations do not affect the lateral support or increase stresses in or pressure upon any adjacent or contiguous property. This exemption includes surface mining operations for which there exist vested rights of continuation without a local agency permit pursuant to the Surface Mining and Reclamation Act of 1975 (Section 2710 et seq., of the Public Resources Code);

  5. An excavation with a slope no steeper than ten percent, or less than fifty cubic yards;

  6. Exploratory excavations under the direction of soil engineers or engineering geologists;

  7. A fill less than one foot in depth, and placed on natural terrain with a slope flatter than five horizontal to one vertical (5:1), or less than three feet in depth, not intended to support structures, which does not exceed fifty cubic feet on any one lot and does not obstruct a drainage course or affect structural integrity of adjacent property;

  8. Work conducted in any city street, public right-of-way, or easement when the work is for a public facility, public utility, or controlled by other permits;

  9. Public agencies performing governmental or proprietary functions;

  10. Emergency work as authorized by the city engineer when necessary for the immediate protection of life, limb, safety of property, or to maintain the safety, use, or stability of a

public way or drainage way;

11. Minor land leveling for agricultural purposes, if the average ground elevation is not changed more than three feet.

• C. The exceptions in subsection B shall not apply to grading within natural drainage channels. (Prior code § 9-1.4; Ord. 1369 § 1, 1981)

No grading permit shall be issued by the city engineer until a written application therefor shall have been filed on a form approved by the city engineer and containing the following information:

• A. A description of the site upon which the grading is to be done by lot, block, and tract designation, and by a street address or similar description sufficient to readily identify it;

• B. The name and address of the owner of the site, the person who is to perform the work, and the soil and civil engineer if such work is to be performed as supervised grading. The permit shall be issued only to the owner or the owner's agent;

• C. The city business license number and state contractor's license number of the contractor who will perform the work;

D. The signature and address of the applicant. (Prior code § 9-1.5(a); Ord. 1369 § 1, 1981)

The application shall be accompanied by the following material:

• A. Inspection, plan checking, and permit application fees, as established by the city council;

• B. An engineer's estimate of the quantity and cost of work to be done;

• C. The estimated starting and completion dates of the work;

• D. A soils and engineering geology report as set forth. If the city engineer finds that such information is unnecessary due to the relatively small size or flat topography of the site, the presence of adequate knowledge of the city as to the soils or geologic condition of the site, or the determination of the city engineer that a conservative design will more than compensate for the lack of in place soils data, all or portions of this requirement may be waived;

• E. Two Sets of Plans. Plans shall be twenty-four inches by thirty-six inches, or as otherwise approved by the city engineer. Where a soils report has been required, the soils engineer shall certify on the grading plan that the plan has been prepared in accordance with the recommendations contained in the soils report. The plan shall be signed by the civil engineer. It shall contain the following items, plus any additional material which the city engineer deems necessary to show conformance of the proposed grading with the requirements of this chapter and other related ordinances:

  1. A vicinity sketch or other means of adequately indicating the site location;

  2. Boundary lines of the site;

  3. Each lot or parcel of land into which the site is proposed to be divided;

4. The location of any buildings and structures on the property where the work is to be performed or on adjacent property within fifty feet of the proposed work;

5. Accurate contours showing the topography of the existing ground adequate to show off-site drainage based upon elevations taken on adjacent property or other means approved by the city engineer;

6. All of the proposed uses of the site and, if the site is to be subdivided, the proposed use of each lot or parcel which is to be created;

7. Elevations, locations, extent and slope of all proposed grading shown by contours, or other means acceptable to the city engineer, and location of any rock disposal areas, buttress fills, subdrains or other special features to be included in the work;

8. Detailed plans of all drainage systems and facilities, walls, cribbing, or other erosion protection devices to be constructed in connection with, or as a part of the proposed work, together with a map showing the drainage area and estimated runoff of the area served by any drainage systems or facilities;

9. The location, circumference, specie, and approximate elevation at the base of all trees. The plans shall be designed so as to save trees and other natural features of high aesthetic value wherever possible. A tree care specialist shall review the trees to be saved at the site for physical condition and prepare a report setting requirements of grading and development adjacent to the saved trees. These requirements shall be incorporated into the grading plan;

at the base of all trees. The plans shall be designed so as to save trees and other natural features of high aesthetic value wherever possible. A tree care specialist shall review the trees to be saved at the site for physical condition and prepare a report setting requirements of grading and development adjacent to the saved trees. These requirements shall be incorporated into the grading plan;

10. A statement of the quantities of material to be excavated and/or filled, and the amount of such material to be imported to, or exported from, the site;

11. A written agreement approved by the civil engineer and signed by the owner, or the owner's authorized agent, that a civil engineer, soils engineer, and/or engineering geologist will be employed to give technical supervision to make inspections of the work, whenever approval of the plans and issuance of the permit is to be based upon the condition that such professional person be so employed;

12. Such other information as the city engineer may require. (Prior code § 9-1.5(b); Ord. 1369 § 1, 1981)

• A. Prior to the issuance of a grading permit, the city engineer may require the applicant as a condition of approval to post a surety bond or cash deposit in an amount determined by the city engineer which will be sufficient to guarantee to the city the faithful performance of all work and all conditions contained in or described by the permit. Any such bond shall be approved as to form by the city attorney. It is the purpose of this requirement to permit the city to restore the property to a safe and reasonably attractive condition in the event of noncompliance with the conditions of approval.

• B. The city engineer shall also have the authority to require the posting of a maintenance bond which shall be effective for not more than one year from the approval of completion of the work by the city engineer. Such maintenance bond shall be in an amount not to exceed twenty-five percent of the amount of the faithful performance bond and shall be approved as to form by the city attorney.

• C. Should the permittee fail to comply with the conditions of approval of the grading permit or fail to repair damage upon request of the city, the city engineer shall give written notice to the permittee and surety of the bond. The notice shall state the following:

  1. The specific work to be completed and/or repairs to be made;

  2. The approximate cost to perform the required work;

  3. The time in which all work is to be completed.

• D. Should the required work not be completed within the time specified by the city engineer, the city engineer may cause such work to be done and deduct the cost thereof from any cash deposit; if a bond has been posted, the city shall have a right of action on such bond against the permittee as principal and against the surety.

• E. Sureties or the remaining portion of any cash deposit shall be released only upon satisfactory completion of the work and completion of any required period of maintenance.

• F. Any surety bond required shall provide that if the city commences legal action to enforce the obligations of the principal and the surety, the city shall be entitled to recover its reasonable attorney's and other costs.

(Prior code § 9-1.5(c); Ord. 1369 § 1, 1981)

• A. A permit shall be granted only if the city engineer finds, after all of the required data has been submitted, and all required fees have been paid, that the proposed grading will not adversely affect the drainage or lateral support of other properties in the area, and will not be detrimental to the public health, safety, or general welfare.

• B. The city engineer shall not grant any grading permit until the applicant has obtained approval of all necessary permits, authorizations, and entitlements from the city for the proposed development of the real property on which the grading is to occur, including, but not limited to permits, variances, rezonings, subdivision maps, and architectural review, where required. The city engineer may impose conditions upon a grading permit to minimize or mitigate any adverse environmental impacts contained in an environmental impact report or negative declaration. Adherence to the grading and erosion control plans shall be an explicit condition of the grading permit.

• C. Where the applicant proposes to perform grading on the property without engaging in development thereof such that one or more permits, authorizations, or entitlements from the city enumerated in subsection B is not required, the city engineer shall not grant such permit until the matter has been referred to the planning commission for review and recommendation. The planning commission shall conduct at least one public hearing on the matter, with notice to be given in the manner prescribed in the zoning ordinance for permits, variances, and code amendments.

• D. In the case of a subdivision, the approval to proceed by the city engineer, after having signed grading plans and having received all required bonds, fees, agreements, and deeds, shall constitute the issuance of a grading permit. Grading shall be deemed to be an improvement for the purposes of the subdivision improvement agreement.

• (Prior code § 9-1.6; Ord. 1369 § 1, 1981)

• A. If a substantial amount of work authorized by any permit is not commenced within six months of the date of issuance thereof, or as otherwise indicated on the face of the permit, or on the improvement agreement, or if such work is not completed within one year or as otherwise

indicated on the permit or the improvement agreement, the permit shall expire and become void. Upon such expiration, the city engineer shall notify the permittee of such fact in writing.

• B. In the event any permittee shall violate the terms of the permit, or shall conduct or carry on the grading in a manner as to materially affect in an adverse manner the health, welfare, or safety of persons residing or working in the vicinity of the property, or to be materially detrimental or injurious to property or improvements in such vicinity, the city engineer shall temporarily suspend such permit, effective upon written notification by the city engineer to the permittee.

• C. No grading permit shall be permanently suspended or revoked until a hearing is held by the planning commission. Written notice of such hearing shall be served upon the permittee, either personally or by registered mail, not less than five days after any temporary suspension. Such notice shall state the following:

  1. The grounds for the revocation or suspension in clear and concise language;

  2. The time and place of the hearing.

Such notice shall be served by registered mail or personal service on the permittee at least five days prior to the date set for the hearing.

At such hearing the permittee shall be given an opportunity to be heard and may call witnesses and present evidence in his or her behalf. The city engineer shall be given similar opportunity. Upon completion the planning commission shall determine whether the permit shall be suspended or revoked or reinstated.

In the event the determination of the planning commission is to suspend or revoke such permit, the permittee may appeal such decision to the city council pursuant to Chapter 1.32 of this code.

(Prior code § 9-1.11; Ord. 1369 § 1, 1981)