San Clemente Municipal Code Art. IV Grading Permit Requirements

Except as exempted in Section 15.36.070, grading permits, no person shall conduct any grading or clearing, brushing or grubbing on natural grade or existing grade without first obtaining a grading permit from the City Engineer. A separate permit shall be required for each site and may cover both excavations and fills.

(Ord. 1278 § 1, 2003)

A. .....To obtain a grading permit, the applicant must first file an application in writing on a form furnished by the City Engineer.

The permit application shall be accompanied by information required by the City Engineer and as specified in Subarticle 5 of the Grading Manual.

B. .....Applications for which no permit is issued within one hundred eighty (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 City Engineer. The City Engineer may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action for an application after expiration, the applicant shall resubmit plans and pay a new plan check fee.

(Ord. 1278 § 1, 2003)

A. .....Each application for a grading permit shall be accompanied by plans and specifications, and supporting data consisting of soil engineering and engineering geology reports, as specified in Section 15.36.160 of this chapter, soil engineering and engineering geology reports.

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

(Ord. 1278 § 1, 2003)

Grading plans and specifications shall be prepared in accordance with the grading requirements of subsection 15.36.360(A), grading requirements.

(Ord. 1278 § 1, 2003)

A soil engineering and engineering geology report shall be required for grading projects, unless otherwise waived by the City Engineer. The reports shall include information appropriate for the site including any information required by the City Engineer. Recommendations included in the reports and approved by the City Engineer shall be incorporated in the grading plans or specifications. The soil engineering report shall be reviewed by a civil engineer and the engineering geology report by a certified engineering geologist.

(Ord. 1278 § 1, 2003)

A. .....Every permit issued shall be valid for a period of two (2) 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 one hundred eighty (180) days from the date of such permit or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days.

C. .....The time limitations and provisions of Section 303, permits issuance, of the Uniform Building Code as amended are applicable to grading permits, except as stated in this subsection:

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

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

D. .....The City Engineer may require that grading operations and project designs be modified if delays occur, which includes weather-related problems not considered at the time the permit was issued, and further subject to the provisions of Section 15.36.180, approval or denial or permit.

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

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

2. Suspension or abandonment has not exceeded one (1) year;

3. A re-endorsement of the compliance of the plans with the applicable regulations by the engineering division shall be obtained.

Such request for extensions must be submitted no later than the sixtieth (60th) day following the date on which said permit would otherwise expire. If the permittee fails to request an extension within the time provided, the City Engineer may renew the grading permit for a fee of one-half (½) the amount required for the original permit provided no changes have been made in the original plans and specifications for such work.

F. .....If the permittee is unable to complete the work by the end of a two (2) year period, the City Engineer may renew the grading permit on an annual basis for a fee of one-half (½) the amount required for the original permit for such work, provided no changes have been made in the original plans and specifications for such work.

G. .....A new grading permit shall be required for restoration of a site to a "natural state" as defined in Section 15.36.060 of this chapter. The issuance fee for this restoration permit shall be two (2) times the permit fee normally required for a grading permit.

(Ord. 1278 § 1, 2003)

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

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

C. .....The City Engineer may require plans and specifications to be made 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 City Engineer may require plans and specifications to be modified in order to make them consistent with the City of San Clemente General Plan, Specific Plans, Zoning Code, water quality requirements 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.

E. .....The City Engineer shall have the discretion to issue a grading permit for maintenance or repair of a legal nonconforming hillside or slope on a previously developed lot or lots when a grading permit is required by Section 15.36.120 of this chapter, even though the hillside or slope would not comply with all of the current requirements of this chapter when, in the opinion of the City Engineer, both of the following conditions are satisfied: (1) the work authorized by the grading permit would improve the existing condition of the hillside or slope, and (2) it would not be feasible under the circumstances to require strict compliance with all of the current requirements of this chapter. As used herein, the term "legal nonconforming hillside or slope" shall mean a hillside or slope which complied with the requirements of the City's grading ordinances and regulations at the time the lot was developed, but which has been rendered nonconforming due to the subsequent adoption or amendment of this chapter.

The City Engineer shall have the discretion to condition the issuance of a grading permit pursuant to this subsection upon the applicant's compliance with feasible mitigation measures, including without limitation installation of appropriate drainage and erosion control facilities and improvements.

No permit shall be issued for hillside or slope maintenance or repair pursuant to this subsection until the owner certifies in writing that he or she understands and acknowledges that the work authorized by the grading permit and the resulting slope do not conform to the existing City standards contained within this chapter.

Nothing in this chapter is intended to authorize or permit a waiver or variance from the provisions of this chapter at the time new development occurs.

(Ord. 1278 § 1, 2003)

Grading and equipment operations within one-half (½) mile of a structure for human occupancy shall not be conducted between the hours of five-thirty (5:30) p.m. and seven-thirty (7:30) a.m. nor on Saturdays, Sundays and City-recognized holidays. The City Engineer may, however, permit grading or equipment operations during specific hours after five-thirty (5:30) p.m. or before seven-thirty (7:30) a.m. or on Saturdays, Sundays and City-recognized holidays if he or she determines that such operations are not detrimental to the health, safety or welfare of the inhabitants of such a structure. Permitted hours of operation may be shortened by the City Engineer's finding of a previously unforeseen effect on the health, safety or welfare of the surrounding community.

(Ord. 1278 § 1, 2003)

A. .....It shall be the responsibility of the permittee to be knowledgeable of the conditions and/or restrictions of the grading permit as outlined in applicable sections of this 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 for maintaining in an obvious and accessible location on the site, a copy of the grading plans bearing the approval of the City Engineer. Failure to obtain a grading permit shall result in: (1) the imposition of a double permit fee and/or (2) an order to restore the property to its "natural state," as defined in Section 15.36.060 of this chapter. If the permittee exceeds the original permit quantity or bounds, then the permittee shall be required to obtain a revised permit prior to proceeding with the additional grading. Failure to do so shall result in (1) the imposition of a double permit fee and/or (2) an order to restore the property to its "natural state."

B. .....It shall also be the responsibility of the permittee to notify Underground Service Alert two (2) days prior to digging or excavation as required by Assembly Bill 3020. They will notify all member companies providing underground services in the area who will visit the site and mark the location of their services. Before a grading permit which has been issued shall become valid, a "Dig Alert" identification number shall be required which Underground Service Alert shall issue to the contractor at no charge.

C. .....All permits, waivers or exemptions issued hereunder shall be deemed to include the provisions that the permittee, his agents, contractors and employees, shall carry out the proposed work in accordance with the approved plans and specifications, where such approval is required, and in accordance with any applicable water quality requirements prepared and maintained pursuant to federal or state requirements or a City directive, and in compliance with all requirements of the permit and this article. Failure to carry out the work in accordance with approved plans and specifications, the applicable water quality requirements, and in compliance with all requirements of the permit and this article shall be a violation of this article.

(Ord. 1278 § 1, 2003)

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

(Ord. 1278 § 1, 2003)

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

A. Either water or dust palliative or both must be applied for the alleviation or prevention of excessive dust resulting from the loading or transportation of earth from or to the project site 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.

B. Loading and transportation of earth from or to the site must be accomplished within the limitations established in Section 15.36.190, time of grading operations, of this chapter.

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

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

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

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

G. Appropriate security as determined by the City Engineer may be required to guarantee maintenance and repair of City streets used during grading and moving of import or export materials.

H. Compliance with Section 15.08.020 regarding stockpiling.

(Ord. 1278 § 1, 2003)