Chapter 2 — GRADING PERMITS

(a) Except as exempted by Section 87.202, no person shall do any grading nor shall an owner allow any grading on his property, nor allow property to remain in a graded condition, unless the person or owner has a valid, unexpired grading permit issued by the County Official authorizing such grading or the grading is part of a surface mining operation authorized by Chapter 7 of this Division. A separate grading permit shall be required for each site.

(b) The grading permit shall constitute an authorization to do only that work which is described or illustrated on the grading or improvement plans which are associated with the grading permit approved by the County Official and the work shall be done in accordance with any conditions imposed by the County Official and in accordance with the requirements of this Division.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04)

Publisher's Note: This Section has been AMENDED by new legislation (Ord. 10893, adopted 3-12-2024). The text of the amendment will be incorporated below when the ordinance is codified.

The following are exempt from the requirements to obtain a grading permit (but not from other requirements of this Division including, but not limited to, the maximum slope, required setbacks, erosion prevention and planting requirements), provided they do not occur in or affect a watercourse or are within one of the exemptions under Section 87.604 of this Division:

• (a) An excavation or fill which:

(1) is less than eight feet in vertical height (measured from the toe of the slope to the top of the slope); and

(2) does not result in the movement of more than 200 cubic yards of material on any one site.

(b) An excavation below finished grade for basements and footings of a building, retaining wall, swimming pool, septic tank, leaching system, or other structure authorized by a valid building permit. This paragraph shall not exempt from the permit requirements any fill made with the material from such excavation having an unsupported height greater than eight feet after the completion of such structure.

(c) Refuse disposal areas or sanitary fills operated and conducted in accordance with a use permit issued pursuant to the Zoning Ordinance or a permit issued pursuant to Article 2, Chapter 5, Division 8, Title 6, of this Code or as a lawful non-conforming use and where the operation and conduct thereof does not block or divert any natural drainage way or affect the lateral support of, or unduly increase the stresses in or pressures upon, any adjacent or contiguous property.

(d) Grading incidental to the construction or installation of facilities by a public agency or utility not subject to regulation by this Division.

(e) Grading to the limited extent authorized in advance in writing by the County Official to perform repairs so as to prevent immediately threatened injury to persons or property which has arisen as a result of an emergency. The County Official may require that a grading permit subsequently be obtained to reflect the work performed, and may require the submittal of information, documentation, reports and other matter as required by the applicable provisions of this Division for such permit.

(f) Grading or reclamation work pursuant to a use permit or reclamation plan approved pursuant to Chapter 7 of this Division for a borrow pit, quarry or other surface mining operation, unless the operation is not required to obtain a

reclamation plan because it will complete the removal of material to be used exclusively for fill at another approved site or sites within one year. Operations required to secure a grading permit must do so for the excavation site as well as the fill sites.

(g) Routine road maintenance activities, such as smoothing, texturing, and filling of small rills and potholes, provided they do not involve land form changes and are conducted entirely within the existing disturbed footprint of an existing road.

(h) Temporary stockpiling of earth authorized by a valid and unexpired permit issued pursuant to Section 87.218 of this Chapter.

(i) are ministerial, and therefore, exempt from the California Environmental Quality Act under State law. (Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04; amended by Ord. No. 10804 (N.S.), effective 9-16-22; amended by Ord. No. 10894 (N.S.), effective 4-12-24)

In determining whether the proposed grading substantially complies with grading plans or improvement plans approved pursuant to Section 87.204 through 87.208 and 87.904, project change(s) required to comply with changes in State or Federal regulatory requirements shall be provided a 10 percent change allowance in addition to the substantial conformance determination if all of the following are met:

(a) It shall be determined that the project change(s) do not result in a new or substantially increased significant impact in accordance with the California Environmental Quality Act (CEQA).

(b) It shall be determined that the project change(s) do not result in the creation of a situation that would be detrimental to the health, safety, or welfare of the public.

(c) It shall be determined that the project change(s) do not result in the elimination of project features required to meet other County of San Diego code requirements, including, but not limited to, the following:

• (1) Elimination of a trail that provides a connection through the project that is needed for regional connectivity.

• (2) Reduction in the overall amount of parkland approved with the original project.

(3) Elimination of roads that are needed for emergency access, travel time, or to handle the traffic generated by the project.

(4) Reduction of area needed for required water supply well or onsite wastewater treatment system and reserve area.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9997 (N.S.), effective 8-21-09; amended by Ord. No. 10224 (N.S.), effective 10-25-12; amended by Ord. No. 10745 (N.S.), effective 10-1-21; amended by Ord. No. 10804 (N.S.), effective 9-16-22)

(a) All persons who desire to obtain a grading permit must first obtain the County Official's approval of grading plans or improvement plans for such work. An application for grading plan or improvement plan approval, signed by the owner of the property to be graded, shall be filed with the County Official. All applications shall be reviewed for compliance with the California Environmental Quality Act (Pub. Res. Code Sec. 21000 et seq.) prior to approval.

(b) The application shall contain all information, documentation and other matters necessary to enable the County Official to make the determinations required by the California Environmental Quality Act, and the appropriate one of the following Sections of this Division, depending upon the type of grading involved:

• (1) Agricultural grading: Section 87.904;

• (2) Minor grading: Section 87.206;

• (3) Previously-approved project grading: Section 87.207;

• (4) Major grading: Section 87.208.

(c) Where an owner desires to make modifications to the work shown on approved grading plans or improvement plans (whether before or after a grading permit has been issued), prior to the completion of the grading, the owner may submit an application for a plan change. The County Official shall determine whether the application shall be processed pursuant to Section 87.904, Section 87.206, Section 87.207 or 87.208, based upon the total grading operation as represented in the original grading plans or improvement plans, as modified by the proposed plan change. The County Official may approve the application if he or she determines that the total grading operation as modified by the plan change remains in compliance with this Division; provided that, if the plan change is not in substantial conformance with the approved plans, then prior to approving the plan change, the County Official shall provide the appropriate community sponsor or planning group with an opportunity to review and comment on the proposed plan change. The application shall be accompanied by all information, documentation and other matter which the County Official determines to be necessary to enable him or her to make the determinations required by this paragraph. The approval of the plan change shall have no effect on the time within which a grading permit must be obtained under Section 87.203(c).

(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 10804 (N.S.), effective 9-16-22)

(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04; amended by Ord. No. 9926 (N.S.), effective 4-11-08; repealed by Ord. No. 10804 (N.S.), effective 9-16-22)

(a) Requirements For All Minor Grading. Proposed grading shall be considered "Minor Grading" if it:

(1) will not result in cut slopes steeper than one and one-half horizontal to one vertical, exclusive of benches and roundings;

(2) will not result in an exposed fill slope steeper in average slope than two horizontal to one vertical exclusive of benches and roundings;

(3) will be protected and conducted so that runoff water leaving the premises will not contain sand, silt or other debris;

(4) complies with the requirements of Sections 87.404 and 87.405 regarding fill compaction and preparation of the ground;

(5) includes the following drainage protections: will not result in the ponding of water on or above cut or fill slopes or damage from surface waters to the face of any excavation or fill; includes drainage facilities which will carry surface waters to the nearest practical street, storm drain or other watercourse; any area designed for buildings has a minimum of a one percent grade toward the approved drainage disposal area; all swales and ditches have a minimum grade of two percent and a minimum depth of one foot; and the point at which any drainage facility discharges onto natural ground shall be protected from erosion;

(6) includes installation and maintenance of ground cover or other planting which will protect against erosion and instability, on the face of all cut and fill slopes in excess of three feet in vertical height; such planting is to commence as soon as slopes are completed on any portion of the site and is to be maintained so that 70 percent of the plantings are established on all slopes during construction and established prior to final approval of the grading;

(7) complies with Title 6, Division 7, Chapter 8 of this code;

(8) conforms to the setbacks stated in Section 87.412(a) and (b);

• (9) is to prepare the land for the construction of a single or two-family dwelling or accessory structures;

• (10) complies with either paragraph (b) or (c) below;

• (11) complies with Section 87.213 regarding grading within the "MSCP Subarea" (as defined in Section 87.803);

• (12) is not for land development or borrow operation purposes where denial would be required by paragraphs (b) or (g) of Section 87.211 if major grading were involved;

• (13) either will not involve waters, rivers, streams or lakes, as referenced in Section 87.214, or the applicant has submitted documentation of compliance with the requirements of that section;

• (14) is accompanied by a statement signed by the owner, as to the proposed use of the graded area; and

• (15) is described by grading plans or improvement plans which include the following:

• (aa) vicinity sketch,

• (bb) property lines,

• (cc) the location of all structures in the area to be graded, including those on adjacent properties if within fifteen feet of the property line,

• (dd) contour lines showing the topography of the existing ground, with a maximum contour interval of five feet;

• (ee) the quantity of excavation and fill involved;

• (ff) elevations, dimensions, location, extent and slopes of all proposed grading,

• (gg) the setbacks from all structures and property lines as stated in Section 87.412;

• (hh) all areas proposed to be subjected to any "Land Disturbance Activity" (as that term is defined in Section

• 67.802 of this Code);

• (ii) all drainage devices, walls, cribbing, dams, stormwater protection best management practice devices or

• other protective devices to be constructed, including all temporary construction erosion and sediment control devices;

• (jj) a map of the drainage area of the land tributary to the site;

• (kk) dust control measures sufficient to comply with Section 87.428;

• (ll) the location, extent and square footage of the total area to be cleared of vegetation; and

• (mm) all watercourses located on the site.

(b) Minor Grading or Improvement Plans Under Jurisdiction of Director of Planning and Development Services.

• The Director of Planning and Development Services may approve grading plans or improvement plans for Minor Grading if he or she determines that the proposed grading complies with paragraph (a) above and:

• (1) does not exceed 2,500 cubic yards and will not require more than 200 cubic yards of import or export;

• (2) is on a single lot, or within an access easement serving such lot;

• (3) will not be on or across or affect any surface water body and will not require the construction of any drainage structures or facilities except for berms, swales brow ditches or driveway culverts, except that a driveway crossing a water body serving a drainage area of 25 acres or less may be allowed; and

• (4) will not have a cut or fill bank in excess of 20 feet measured vertically from the toe of the slope to the top of the slope.

The Director of Planning and Development Services may decline to process, and instead refer to the Director of Public Works for processing under paragraph (c) below, any application where the complexity of grading operations, potential conflict with existing or proposed easements, drainage or storm water issues, unusual soil types or conditions, or potential existence of any of the circumstances requiring denial under Section 878.211, make it more appropriate that the application be subject to the more involved review required by paragraph (c).

(c) Minor Grading Plans Under Jurisdiction of Director of Public Works. The Director of Public Works may approve grading plans or improvement plans for Minor Grading if he or she determines that the proposed grading complies with paragraph (a) above and:

• (1) The proposed grading does not exceed a total of 5,000 cubic yards;

• (2) The proposed grading is on a lot or adjacent lots under the same ownership, or within access easements serving such lots;

• (3) The proposed grading will not be on or across or affect any surface water body, except that a driveway crossing a water body serving a drainage area of 25 acres or less may be allowed;

• (4) The proposed grading will not have a cut or fill bank in excess of 25 feet measured vertically from the toe of the slope to the top of the slope;

• (5) The application sets forth the estimated start and completion dates and estimated cost;

• (6) The grading plans are stamped and signed by a registered civil engineer; and

• (7) A calculation is included, showing that the estimated runoff of the area served by any existing or proposed drains can be accommodated by the carrying capacity of such drains.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04; amended by Ord. No. 9926 (N.S.), effective 4-11-08; amended by Ord. No. 10224 (N.S.), effective 10-25-12)

In determining whether the proposed grading substantially complies with grading plans or improvement plans approved pursuant to Section 87.204 through 87.208, and 87.904 project change(s) required to comply with changes in State or Federal regulatory requirements shall be provided a 10 percent change allowance in addition to the substantial conformance determination if all of the following are met:

• (a) It shall be determined that the project change(s) do not result in a new or substantially increased significant impact in accordance with the California Environmental Quality Act (CEQA).

• (b) It shall be determined that the project change(s) do not result in the creation of a situation that would be detrimental to the health, safety, or welfare of the public.

• (c) It shall be determined that the project change(s) do not result in the elimination of project features required to meet other County of San Diego code requirements, including, but not limited to, the following:

• (1) Elimination of a trail that provides a connection through the project that is needed for regional connectivity.

• (2) Reduction in the overall amount of parkland approved with the original project.

• (3) Elimination of roads that are needed for emergency access, travel time, or to handle the traffic generated by the project.

• (4) Reduction of area needed for required water supply well or onsite wastewater treatment system and reserve area.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9926 (N.S.), effective 4-11-08; amended by Ord. No. 10745 (N.S.), effective 10-1-21; amended by Ord. No. 10804 (N.S.), effective 9-16-22)

• (a) Grading not covered by Section 87.904, 87.206 or 87.207 shall be known as "Major Grading." The County Official may approve grading plans or improvement plans for major grading, if he or she determines that:

• (1) The proposed grading conforms to all requirements of this Division;

• (2) Denial is not required by Section 87.211;

• (3) Sections 87.212, 87.213 and 87.214, regarding specified sensitive areas, have been complied with;

• (4) The proposed grading complies with Title 6, Division 7, Chapter 8 of this code; and

• (5) If the area to be graded includes a watercourse, the proposed grading conforms to Chapter 6 of this Division.

(b) Grading plans or improvement plans for major grading shall be approved and signed by a registered civil engineer. The plans shall show or be accompanied by the following:

• (1) A vicinity sketch or other data adequately indicating the site location;

• (2) Property lines of the site on which the work is to be performed;

• (3) Location of any buildings or structures on the site where the work is to be performed, and the location of any building or structure on land of adjacent property owners which is within the fifteen feet of the site;

• (4) Topographical contour lines adequate to show the topography of the existing ground;

• (5) Elevations, dimensions, location, extent, and slopes of all proposed grading, shown by contours or other means;

(6) The quantity of excavation and fill involved, estimated starting and completion dates and the estimated cost;

(7) All drainage devices, walls, cribbing, dams, stormwater protection best management practice devices or other protective devices to be constructed in connection with, or as part of, the proposed work, including all temporary construction erosion and sediment control devices, all watercourses located on the site, a map showing the drainage area of land tributary to the site, the estimated runoff of the area served by any drains, and calculations of the carrying capacity of such drains;

(8) The following shall be required for grading which will require the use of groundwater and for grading to be done during a time when the San Diego County Water Authority declares that a drought is in effect:

(aa) Information demonstrating to the satisfaction of the County Official the source (imported potable water, reclaimed water or groundwater) and amount of water available to be used in grading operations, including a statement from the applicable public agency or other party supplying the water specifying the dates when temporary service shall commence and when temporary service shall cease. The applicant shall specify the timing and duration of water needed to complete each phase of the project;

(bb) A short-term plan for erosion control and for slope stabilization where necessary which, in the opinion of the County Official, can be accomplished with the amount of water demonstrated to be available to the project; and

(cc) Except for grading on projects for which the Director of Planning and Development Services has approved a landscape plan, a long-term plan for erosion control and for slope stabilization where necessary to the satisfaction of the County Official;

• (9) A statement of the purpose for which the proposed grading is to be done;

(10) Information demonstrating to the satisfaction of the County Official that the applicant is satisfying Chapter 8 (commencing with Section 67.801) of Division 7 of Title 6 of this Code;

(11) The names and addresses of all owners of property located within 300 feet of the exterior boundaries of the property to be graded, taken from the latest equalized assessment roll or such other records of the County Assessor or Tax Collector as contain more recent information;

• (12) Dust control measures sufficient to comply with Section 87.428;

• (13) The location, extent and square footage of the total area to be cleared of vegetation;

(14) All areas proposed to be subjected to any "Land Disturbance Activity" (as that term is defined in Section 67.802 of this Code); and

• (15) Such other information or data as may be required by the County Official.

(c) Prior to approving the grading plans or improvement plans, the County Official shall provide notice to each of the persons identified in the application as being owners of property located within 300 feet of the exterior boundaries of the property to be graded. Said notice shall be sent via United States mail and shall inform the addressee of the following:

• (1) The receipt of the application and the official number or name of the application;

(2) A basic description of the location of the property upon which grading is proposed and the nature of the grading operation;

• (3) The manner in which more information concerning the application may be obtained;

(4) That the County Official will consider any comments concerning the application which the addressee desires to submit, provided that they are submitted in writing and received no later than a date stated in the notice, which date shall be no sooner than 15 days after the notice was sent. The County Official shall consider any such comments received by the stated date prior to making a decision whether to approve the application.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9926 (N.S.), effective 4-11-08; amended by Ord. No. 10224 (N.S.), effective 10-25-12; amended by Ord. No. 10804 (N.S.), effective 9-16-22)

(a) The County Official may require a soils investigation prior to approval of grading plans or improvement plans, to correlate surface and subsurface conditions with the proposed grading plan. The results of the investigation shall be presented in a soil report by a soil engineer which shall include, but need not be limited to, data regarding the nature, distribution and strength of existing soils and rock on the site; the soil engineer's conclusions and recommendations for grading requirements, including the correction of weak or unstable soil conditions and treatment of any expansive soils that may be present; and his opinions as to the adequacy of building sites to be developed by the proposed grading operations. The soil engineer shall provide an engineering geology report by an engineering geologist when required by the County Official.

The County Official may require such supplemental reports and data as deemed necessary. Recommendations included in such reports and approved by the County Official shall be incorporated in the grading plan or specifications.

(b) The County Official may require that the applicant provide evidence that the owner of the land upon which any grading work is to be performed, has granted permission for such work, or that the applicant has the right to perform that work on the land.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04)

In approving grading plans or improvement plans, or in issuing a grading permit, the County Official may impose such conditions as may be reasonably necessary to enable the County Official to make the required determinations and to prevent creation of a nuisance or unreasonable hazard to persons or to public or private property. (Added by Ord. No. 9547 (N.S.), effective 5-9-03)

The County Official shall deny approval of grading plans or improvement plans if he or she makes any of the following determinations:

• (a) Hazardous Grading: The proposed grading may:

(1) interfere with any existing drainage course in such a manner as to cause damage to any adjacent property or result in the depositing of debris on any public way; or

(2) create an unreasonable geological, flood or other hazard to person or public or private property (including the land upon which the grading is proposed). If it can be shown that the hazard can be essentially eliminated by the

construction of retaining structures, buttress fills, drainage structures or facilities or by other means, the permit may be issued on the condition that such construction work be performed.

(b) Subdivision or Use Permit: The purpose of the proposed grading, based upon the application or other information, is to prepare the land for subdivision or for some use for which a use permit is required, and either:

(1) the required final map or parcel map has not been approved; or

(2) the required use permit either has not been granted or is subject to conditions which may cause its expiration under Section 7374 of The Zoning Ordinance.

Notwithstanding the preceding, if a tentative map or tentative parcel map has been approved but no final map or parcel map has been recorded, or if a use permit has been approved but conditions of that use permit which must be complied with in order to avoid expiration under Section 7374 of The Zoning Ordinance have not yet been completed, then the application for grading plan or improvement plan approval shall be denied unless it is accompanied by an agreement whereby the owner agrees to rehabilitate the site to the satisfaction of the County Official, in the event that the tentative map, tentative parcel map or use permit expires. Said agreement shall require that restoration be completed within 90 days of such expiration (which period may be extended by the County Official for an additional 90 days), and shall be accompanied by faithful performance security in the full amount of the County Official's determination as to the amount necessary to restore the site, and shall remain in effect until a parcel map or final map is recorded, or until the use permit is vested.

(c) Groundwater Impacts: Based upon information from the County Hydrogeologist in conjunction with any available information provided from the applicant, the withdrawal of groundwater for the grading operation would decrease the supply of groundwater to land uses for household or irrigation use to other properties within the basin if developed to the density and intensity permitted by existing provisions of the County General Plan.

(d) Insufficient Water Supply: The water supply is not sufficient to provide for adequate compaction or dust control during grading operations, or to provide for adequate planting of disturbed areas (unless waived under Section 87.419).

(e) Failure To Comply With Stormwater Ordinance: The proposed grading fails in any respect to comply with the requirements of the County of San Diego Watershed Protection, Stormwater Management, and Discharge Control Ordinance (Section 67.801 and following of this Code).

(f) Non-performance: The applicant has failed or refused to complete the work required by a grading permit within the time allowed and has not renewed the permit. In such cases, the County Official shall refuse to issue a new permit for any work other than the delinquent work, until the delinquent work is complete.

(g) Borrow Operations: No grading plans or improvement plans shall be approved, and no grading permit shall be issued when borrow or waste material is to be removed from a grading site unless a Use Permit and Reclamation Plan have been issued for the operation of a borrow pit on the grading site, a legally nonconforming borrow pit is being operated on the grading site or the grading comes within one of the exceptions to the use permit requirement listed in The Zoning Ordinance.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03)

No grading plans or improvement plans, other than those for Minor Grading pursuant to Section 87.206 of this Chapter, shall be approved for grading on land located outside the "MSCP Subarea" (as defined in Section 87.803), unless Chapter 1 of Division 6 of Title 8 of this Code, regarding Habitat Loss Permits, has been complied with. (Added by Ord. No. 9547 (N.S.), effective 5-9-03)

SEC. 87.213. GRADING WITHIN MSCP SUBAREA.

No grading plans or improvement plans shall be approved, if the land upon which the proposed grading is to be performed is designated as within the "MSCP Subarea" (as defined in Section 87.803), unless the plans are accompanied by a written certification from the Director of Planning and Development Services that the Biological Mitigation Ordinance has been complied with.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 10224 (N.S.), effective 10-25-12)

(a) If the County Official suspects that proposed grading may involve jurisdictional waters of the United States (as defined in Section 328.3 of Title 33 of the Code of Federal Regulations), the County Official may defer approval of grading plans or improvement plans until the applicant obtains and submits to the County Official either evidence that an appropriate permit has been issued pursuant to the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.) authorizing the grading, or a statement from the U.S. Army Corps of Engineers, certifying that such permit is not required.

(b) If the County Official suspects that proposed grading may involve a river, stream or lake (as referenced in Fish and Game Code Section 1603), the County Official may defer approval of grading or improvement plans until the applicant obtains and submits to the County Official evidence that the California Department of Fish and Wildlife has determined that Section 1602 has been complied with.

(c) No permit or approval pursuant to this Chapter shall constitute authorization for grading in violation of any local, state or federal law, including in particular the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.) or Chapter 6 of Division 2 of the Fish and Game Code.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 10705 (N.S.), effective 1-8-21)

Prior to issuance of any grading permit, the owner of the site to be graded shall grant to the County a right of entry onto the site for purposes of inspection. The right of entry shall also allow entry for purposes of correction of grading not performed in compliance with the terms and conditions of the permit. The owner and the applicant shall agree to release the County from any and all claims for damages or injury which may result from the County's entry onto the property, including any corrective action taken. The applicant shall also agree to indemnify the County against claims asserted by third parties relating to damage or injury alleged to have resulted from the County's entry or corrective action. The right of entry and indemnification agreements shall be on a form approved by the County Counsel. (Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04)

(a) The County Official may modify or revoke a grading permit granted under the provisions of this Division if he or she determines that:

(1) the permit was obtained by fraud, or the permittee has made false or misleading statements on the application or supporting documents, or has hindered or interfered with enforcement of the permit, the conditions thereof, or this Division;

(2) one or more of the conditions upon which the permit was granted have been violated, or grading or clearing was performed in a manner inconsistent with the permit or plans;

(3) the permittee fails or refuses to correct a deficiency or a hazard upon the receipt of written notice and within the time specified in such notices;

(4) the permittee fails or refuses to perform any of the work required or fails or refuses to conform with any of the standards established by a use permit;

(5) the permittee fails to submit all material necessary for approval of a reclamation plan within 120 days from the date of written request therefor;

(6) revocation or modification is reasonably necessary to prevent creation of a nuisance or unreasonable hazard to persons or to public or private property; or

(7) information has been received indicating that previously unknown historical resources (as defined in Public Resources Code Section 21084.1) or unique archaeological resources (as defined in Public Resources Code Section 21083.2) may be located on the site, and therefore a modification is necessary, to prohibit grading in the area of the resources so as to preserve the resources, or to redirect proposed grading so as to avoid the location of such resources until they can be retrieved, or potential impacts to them have otherwise been appropriately mitigated.

(b) A request to revoke or modify the permit or waiver may be made by any County officer, shall be in writing, and shall set forth the grounds upon which revocation or modification is sought.

(c) If a permit is revoked, no further work shall be done upon the site except the correction of hazards as directed by the County Official. Every agreement and every security required by this Division shall remain in full force and effect notwithstanding any such revocation.

(d) The County Official shall consider the request for revocation at a public hearing, unless a public hearing is waived in writing by the permittee. Request for revocation shall be directed to the County Official, who shall fix a time and place for the hearing, to be published once in a newspaper of general circulation published in the County of San Diego. The County Official shall also notify the permittee of the time and place set for the hearing. Any interested person may appear at the hearing and present evidence. At the conclusion of the hearing, the County Official may deny the request for revocation, grant the request for revocation, or modify existing conditions of or add new conditions to the grading permit. The decision of the County Official shall be final.

shall also notify the permittee of the time and place set for the hearing. Any interested person may appear at the hearing and present evidence. At the conclusion of the hearing, the County Official may deny the request for revocation, grant the request for revocation, or modify existing conditions of or add new conditions to the grading permit. The decision of the County Official shall be final.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04)

The County Official may condition the issuance of a grading permit upon the permittee attending, prior to commencement of any work authorized by the permit, a pre-construction conference with the County Official. At that conference, the County Official may provide direction to the permittee and others to be involved in the work, as to County requirements. Where such a conference has been required, it shall be a violation of this Division for the permittee to commence or allow any work to be commenced prior to such conference. (Added by Ord. No. 9634 (N.S.), effective 4-23-04)

The County Official may issue a permit for temporary stockpiling (storage) of earth conforming to the following:

• (a) Requirements. Temporary stockpiling shall:

• (1) not exceed 7,000 cubic yards and cover an area less than one acre in size;

• (2) be on a single lot;

• (3) not be on or across or affect any surface water body or divert existing drainage;

• (4) not have a fill bank in excess of 6 feet measured vertically from the toe of the slope to the top of the slope;

• (5) not exceed 18 months (or such shorter period as the County Official may require in the permit) from the date any stockpiled material is initially placed, to the date all material has been removed;

(6) not result in exposed fill slopes steeper in average slope than two horizontal to one vertical, including benches and roundings to ensure stability and reduce visual impacts;

(7) include, on the face of all fill slopes in excess of three feet in vertical height, installation and maintenance of measures to protect against erosion and instability and so that run-off water leaving the premises will not contain sand, silt or other debris, and will comply with Title 6, Division 7, Chapter 8 of this code.

(8) conform to the setbacks stated in Section 87.412(a) and (b) of this Division;

(9) involve placement of material only on areas which have been previously excavated or disturbed and which contain no significant habitat value, designated scenic area, or mapped geologic hazards; and complies with Sections 87.212 and 87.213 of this Chapter, regarding specified sensitive areas; and

(10) involve only material for use on the site, not for export, sales or borrow operations.

(b) Application and Plan. The application shall be signed by the owner of the land upon which the earth is to be stockpiled and be accompanied by a stockpiling plan, grading plan or improvement plan. The application or the plan shall include the following:

• (1) a certification that the fill material is for use exclusively on site;

• (2) a description of the proposed ultimate use of the stockpiled material;

(3) a vicinity sketch, property lines, the location of all structures in the within 100 feet of the proposed stockpile and those on adjacent properties if within fifteen feet of the property line, contour lines showing the topography of the existing ground, with a maximum contour interval of five feet; the quantity of fill involved; elevations, dimensions, location, extent and slopes of all proposed stockpile areas, the setbacks from all structures and property lines as stated in Section 87.412 of this Division; the extent and square footage of the total footprint of the area proposed to be covered by the stockpiled material; all drainage devices, walls, cribbing, dams, stormwater protection best management practice devices or other protective devices to be constructed, including all temporary construction erosion and sediment control devices; a map of the drainage area of the land tributary to the site; and dust control measures sufficient to comply with Section 87.428 of this Division.

ed by the stockpiled material; all drainage devices, walls, cribbing, dams, stormwater protection best management practice devices or other protective devices to be constructed, including all temporary construction erosion and sediment control devices; a map of the drainage area of the land tributary to the site; and dust control measures sufficient to comply with Section 87.428 of this Division.

(c) Security. At the time of permit issuance, the applicant shall enter into an agreement pursuant to Section 87.304 of this Division, secured by a cash deposit, to assure the future permanent placement or removal of the stockpiled material.

(Added by Ord. No. 9634 (N.S.), effective 4-23-04; amended by Ord. No. 9926 (N.S.), effective 4-11-08)