Chapter 3 — FEES, DEPOSITS AND SECURITY

At the time of filing the following applications, the following fees or deposits shall be paid to the County Official: (a) Grading Plans or Improvement Plans for Major Grading (Section 87.208 ): The actual costs to the County of examining and approving Grading Plans or Improvement Plans, or plan changes, including review under the California Environmental Quality Act, the review of any required reports, compliance with project conditions, and the preparation of all necessary documents, shall be paid by the applicant. At the time of submitting a grading or improvement plan to the County Official for examination and approval, the subdivider shall deposit with the County Official, a sum sufficient to cover actual costs as prescribed by the Board of Supervisors.

(b) Grading Plans or Improvement Plans for Agricultural Grading (Section 87.904 ), Minor Grading Under Department of Public Works Review (Section 87.206 (c)) or Grading for a Project With a Previous Discretionary Land Use Approval (Section 87.207 ):

(1) Intake Screening. The actual costs to the County of application intake screening for project impacts for agricultural grading, minor grading under review by the Department of Public Works, or grading associated with a project with a previous discretionary approval, including the review of any plans or reports, comparing project to public information, and the preparation of all necessary documents, shall be paid by the applicant. At the time of submitting a grading or improvement plan for examination and approval, the applicant shall deposit with the County Official, a sum sufficient to cover actual costs as prescribed by the Board of Supervisors.

(2) Plan Review. The actual costs to the County of examining and approving Grading Plans or Improvement Plans, or plan changes, including review under the California Environmental Quality Act, for grading referenced in paragraph (1), including the review of any plans or reports and the preparation of all necessary documents, shall be paid by the applicant. At the time of submitting a grading or improvement plan, or application for plan change, for examination and approval, the applicant shall deposit with the County Official, a sum sufficient to cover actual costs as prescribed by the Board of Supervisors.

(c) Grading Plans or Improvement Plans for Minor Grading Under Department of Planning and Development Services (Section 87.206(b)). For grading plan or improvement plan review, or plan change review, for a grading permit to be issued for projects subject to Section 87.206(b), the applicant shall pay to the County Official a fee in an amount as prescribed by the Board of Supervisors in Section 362.1 of the San Diego County Administrative Code.

(d) Grading Permits:

(1) For each grading permit or permit modification issued for projects subject to Section 87.206(b) (Minor grading under review by the Department of Planning and Development Services), the applicant shall pay to the County Official a fee in an amount as prescribed by the Board of Supervisors in Section 362.1 of the San Diego County Administrative Code.

(2) For all grading permits not covered under paragraph (1) above, all costs associated with grading permit application processing and permit issuance are included in the cost of checking grading plans or improvement plans. There is no separate fee or deposit for issuance of the grading permit.

(e) Structural Review. Where the plans or specifications provide for the construction of drainage structures or facilities (other than standard terrace drains and similar facilities), including retaining walls and sprinkler irrigation systems, or when such plans include proposals for granting drainage and appurtenant easements to the San Diego County Flood Control District, the applicant shall deposit amounts estimated by the County Official appropriate to pay

for the County's actual cost of checking the plans and specifications, preparing the documents for the drainage and appurtenant easements, and inspecting the construction.

(f) Clearing Permits. For all clearing permits applied for pursuant to Chapter 5 of this Division, the applicant shall pay to the County Official both: (1) an "Environmental Action CEQA Processing" fee or deposit, in the amount specified in Section 362.1 of the San Diego County Administrative Code; and (2) a clearing permit review fee in the amount specified in Section 362.1 of the San Diego County Administrative Code.

(g) Deposit Refund or Increase. Where a deposit has been made, if the County's actual cost is less than the amount deposited, the excess shall be refunded. If any deposit is insufficient to pay all the County's actual costs, the permittee, upon demand of the County Official, shall deposit an additional amount deemed sufficient by the County Official to complete the work. If the permittee fails or refuses to pay such additional amount, the County Official may cease further work relating to the application, refuse approval of the plans or issuance of a grading permit until the amount is paid in full, or, if a permit is already issued, consider the grading incomplete and pursue proceedings to revoke the grading permit in accordance with Section 87.216.

(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. 9689 (N.S.), operative 2-4-05, effective 2-13-05; amended by Ord. No. 10224 (N.S.), effective 10-25-12; amended by Ord. No. 10804 (N.S.), effective 9-16-22)

Whenever the Department of Environmental Health and Quality is required to examine a grading plan in accordance with Section 68.326.2, there shall be paid to that Department an examination fee as set forth in Title 6, Division 5, Section 65.107, paragraph (g), of this Code.

(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 10709 (N.S.), effective 1-15-21)

Applications for grading plans, improvement plans or grading permits for grading for soil and water conservation projects, when they are to be approved and inspected by a State or Federal agency shall be issued without fee. (Added by Ord. No. 9547 (N.S.), effective 5-9-03)

(a) No grading permit shall be issued pursuant to Section 87.207 or pursuant to Section 87.208 of this Division, and no temporary stockpiling permit shall be issued pursuant to Section 87.218 of this Division, unless the applicant shall first enter into an agreement with the County assuring that the proposed grading will be completed in accordance with the permit and the terms and conditions thereof. For a temporary stockpiling permit pursuant to Section 87.218, the agreement shall be accompanied by a cash deposit in compliance with paragraph (1) below. For a grading permit, except where the grading will result in the movement of less than 3,000 cubic yards of material, the agreement shall be accompanied by security in the form of either a cash deposit or a combination of cash deposit and performance bond, in the following amounts (except as provided at paragraph (b) below):

(1) Cash Deposit: If the applicant elects to provide a cash deposit only, the amount thereof shall be 5% of the estimated cost of the earthwork, plus 100% of the estimated cost of construction of all drainage or other structures authorized by the permit, with a minimum of $5,000 and a maximum of $30,000.

(2) Cash Deposit and Performance Bond Combination: If the applicant elects to provide a combination of a cash deposit and a faithful performance bond, the following shall apply:

(aa) The bond shall be in an amount equal to 30% of the estimated cost of the earthwork, plus 100% of the estimated cost of construction of all drainage or other structures authorized by the permit. The applicant may elect to provide a separate bond for work involving drainage and other structures, which may also be used for purposes of improvement security required by the Subdivision Ordinance (Section 81.101 and following of this Code).

(bb) The cash deposit shall be in an amount equal to 10% of the total amount of the bond required under subparagraph (aa), up to a bond amount of $75,000 or less, plus an additional 5% of any portion of said required bond amount over $75,000; provided, that the minimum cash deposit shall be $1,000 and the maximum cash deposit shall be $10,000.

(b) The estimated cost of the work shall be determined by the County Official after reviewing the civil engineer's estimates. The phrase, "Drainage or other structures" as used in paragraph (a) shall include retaining walls, sprinkler irrigation systems, landscaping, standard terrace drains, slope planting and similar facilities. Notwithstanding the security amounts specified in paragraph (a), if the County Official determines that possible deficiencies or the hazard or danger created by the work do not justify the full amount of the security, he or she may waive all or part of the amounts to the extent that there is no hazard or danger, and if the County Official determines that possible deficiencies, hazards or dangers posed by the work require greater protection, he or she may increase the amounts. (c) All agreements and bonds required by this Section shall be in a form approved by the County Counsel, shall remain in effect until the completion of the work to the satisfaction of the County Official, and shall include and be made on condition that the permittee shall:

(1) Comply with all the provisions of this Code and all other applicable laws and ordinances;

(2) Comply with all of the terms and conditions of the grading permit, to the satisfaction of the County Official; and

(3) Complete all of the work contemplated under the grading permit within the time limit specified in the grading permit, or if no time limit is so specified, the time limit specified in Section 87.203(d) of this Division (including any approved time extensions).

(d) The grading permit may provide for the partial release of the security upon the partial acceptance of the work.

(e) In the event of failure to complete the work, failure to comply with any of the conditions or terms of the grading permit or this Division or other ordinances, or when necessary to eliminate any hazardous or dangerous condition, the County Official may cause to be performed such work as in his opinion is necessary to correct such deficiencies. Completion of work shall include the preparation of as-built plans, the certification of compliance and other matters required by Sections 87.425 and 87.426. The County Official may use all or any part of the security for such work. Any unused portion of a cash deposit shall be refunded to the permittee, and any unused portion of the bond shall be released, after the completion of all work and the fulfillment of all requirements.

he preparation of as-built plans, the certification of compliance and other matters required by Sections 87.425 and 87.426. The County Official may use all or any part of the security for such work. Any unused portion of a cash deposit shall be refunded to the permittee, and any unused portion of the bond shall be released, after the completion of all work and the fulfillment of all requirements.

(f) The permittee shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the County in causing any and all such work to be done. Use of the security or a portion thereof shall in no way limit or release the obligation of the permittee to satisfy the full cost of completing the work or correcting any deficiency, hazard, or injury created by the work. If the amount of the cash deposit is insufficient to satisfy the said cost in full, the permittee shall be liable to satisfy the remainder of the said cost in excess of the cash deposit. In addition, if suit is brought upon the agreement referred to in paragraph (a) by the County and judgment is recovered, the permittee shall pay all costs incurred by the County in such suit, including a reasonable attorney's fee to be fixed by the court.

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

SEC. 87.305. WAIVER OF SPECIFIED FEES AND DEPOSITS FOR FARM EMPLOYEE HOUSING AND FARM LABOR CAMPS.

Notwithstanding any other provision of this chapter, the examination, plan checking and inspection fees and deposits specified in Section 87.301 shall be waived for:

(a) Any farm employee housing or farm labor camp project for which (i) a complete application for any Administrative Permit or a Minor Use Permit was filed between July 13, 1990, and January 13, 1991 pursuant to Ordinance No. 7768 (N.S.); or was filed between April 5, 1991 and October 5, 1991, pursuant to Ordinance No. 7875 (N.S.); or was filed between October 31, 1991 and June 30, 1993, pursuant to Ordinance No. 8086 (N.S.); or was filed between July 30, 1993 and June 30, 1994, pursuant to Ordinance No. 8271 (N.S.); or was filed between September 2, 1994 and June 30, 1995, pursuant to Ordinance No. 8436 (N.S.); or was filed between September 15, 1995 and June 30, 1998 pursuant to Ordinance No. 8574 (N.S.); or any farm employee housing or farm labor camp project for which a complete application for a Building Permit or Minor Use Permit was filed between May 14, 1999 and June 30, 2004, pursuant to Ordinance No. 9021 (N.S.); or was filed between July 1, 2004 and June 30, 2009 pursuant to Ordinance No. 9647 (N.S.) and (ii) the application was approved; or

30, 1998 pursuant to Ordinance No. 8574 (N.S.); or any farm employee housing or farm labor camp project for which a complete application for a Building Permit or Minor Use Permit was filed between May 14, 1999 and June 30, 2004, pursuant to Ordinance No. 9021 (N.S.); or was filed between July 1, 2004 and June 30, 2009 pursuant to Ordinance No. 9647 (N.S.) and (ii) the application was approved; or

(b) Any farm employee housing or farm labor camp project for which (i) Section 17021.5 or Section 17021.6 of the California Health and Safety Code is applicable; (ii) the Agricultural Commissioner has issued a certificate of active agricultural enterprise; (iii) the housing is not the subject of an active code enforcement action; (iv) the applicant has entered into the contract required by Section 6156 u.11 or Section 6906 d. of The Zoning Ordinance; and (v) the application was filed between July 30, 1993, and June 30, 1994, pursuant to Ordinance No. 8271 (N.S.); or was filed between September 2, 1994 and June 30, 1995, pursuant to Ordinance No. 8436 (N.S.); or was filed between September 15, 1995 and June 30, 1998 pursuant to Ordinance No. 8574 (N.S.); or was filed between May 14, 1999 and June 30, 2004, pursuant to Ordinance No. 9021 (N.S.); or was filed between July 1, 2004 and June 30, 2009 pursuant to Ordinance No. 9647 (N.S.).

(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9647 (N.S.), effective 6-18-04)

No fee collected pursuant to this Division shall be refunded, in whole or in part, except as expressly provided in this Division and in accordance with the following:

(a) Grounds for Refund. Whenever the County Official collects a fee, no part of which is legally due, the entire fee shall be refundable. Whenever the County Official collects a fee in excess of the amount legally due by reason of an error of fact or law made by the County Official, the total amount of the excess shall be refundable. Whenever the County Official collects a fee in excess of the amount legally due because, by reason of a mistake made by the applicant, the permit does not accurately state the true present intent of the applicant, the total amount of the excess, less $5 to cover County costs, shall be refundable.

(b) Claim for Refund. Whenever a fee or a portion of a fee is refundable, the person who paid said fee may submit to the County Official a claim for refund of money setting forth the facts which constitute the basis for a refund. If the basis for a refund is a mistake made by the applicant, the claim must be accompanied by a revised application showing the true facts as they existed at the time of the submission of the original application.

(c) When Refund Not Payable. No refund shall be made pursuant to this section if a claim for refund is submitted to the County Official more than one year from the date of payment of the fee as to which a refund is claimed; nor shall any refund be paid if the total refundable amount, after deduction of County costs as hereinabove provided, is less than $5.

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

In addition to any penalty prescribed for violation of this code or for violation of the provisions of this Division, and in addition to the fees or deposits required by Section 87.301, a fee of $500 shall be assessed for an application for grading plan or improvement plan approval, or for an application for a grading permit, in cases where work for which a permit is required by this Division was commenced prior to obtaining a grading permit. Payment of such fee shall not relieve any person from any liability under provisions of this code or from fully complying with the requirements of this Division. The fee described by this section shall not be construed as a penalty but is added to defray the added expense of investigation, recordkeeping, inspection and enforcement of the provisions of this Division which are involved in such violation cases. The County Official may waive or reduce this fee if he or she determines that the added expenses of the County in a given case do not warrant the full amount of the fee. (Added by Ord. No. 9547 (N.S.), effective 5-9-03)