Division 6 — Grading Permit Procedures (Added 12-9-1997 by O-18451 N.S.; effective…

The purpose of these procedures is to establish the process for review of Grading Permit applications for compliance with the regulations set forth in Chapter 14, Article 2, Division 1 and to protect persons, property and the environment. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

A Grading Permit is required for the following work:

• (a) Any grading within open space easements or City-owned open space;

• (b) Any grading required for the restoration of unauthorized grading ;

• (c) Any grading within the Special Flood Hazard Area ;

• (d) Any grading in accordance with a Grading Permit required as a condition of a development permit to assure compliance with the development permit conditions.

• (e) Any grading that includes the following conditions:

  • (1) Excavation or fill that results in a slope with a gradient of 25 percent or greater (4 horizontal feet to 1 vertical foot) and for which the depth or height at any point is more than 5 feet measured vertically at the face of the slope from the top of the slope to the bottom of the slope;

  • (2) Excavation or fill for which the depth or height at any point from the lowest grade to the highest grade at any time during the proposed grading is more than 5 feet measured vertically;

  • (3) Grading that creates manufactured slopes at a gradient exceeding that specified in Section 142.0133;

  • (4) Grading for which the graded area is more than 1 acre;

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• (5) Grading that adversely affects the existing drainage pattern by altering the drainage pattern, concentrating runoff, increasing the quantity of runoff, or increasing the velocity of runoff to adjacent properties;

• (6) Placing fill material that contains more than 5 percent, by volume, of broken concrete, asphalt, masonry, or construction debris;

• (7) Placing fill material that has any piece larger than 12 inches in any direction; or

• (8) Grading that includes blasting or other use of explosives.

• (f) Any grading work on a property that contains a historical resource as described in Section 143.0210.

(Amended 4-22-2002 by O-19051 N.S.; effective 10-8-2002.)

A Grading Permit is not required for the work listed below unless section 129.0602 requires otherwise.

• (a) Excavation below finished grade for the basement or footing of a building, for a retaining wall , or for any other structure authorized by a valid Building Permit provided that the excavated material is disposed of at a legal disposal site in a safe and sanitary manner. This paragraph shall not exempt any fill made with material from the excavation that exceeds thresholds established in Section 129.0602.

• (b) The deposit of material in any disposal area operated or licensed by the City where the operation and conduct thereof does not block or divert any natural drainage way, affect the lateral support of, or unduly increase the stresses in or pressures upon any adjacent or contiguous property.

• (c) Gravel pits, mines, quarries, or the processing and stockpiling of soil, rock and gravel, aggregate, or clay where these operations are conducted in accordance with an approved Conditional Use Permit, and where the operation does not block or divert any natural drainage way, affect the lateral support of, or unduly increase the stresses in or pressures upon any adjacent or contiguous property. This paragraph shall not exempt grading work required by an approved restoration plan.

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• (d) Any operation in which grading is routinely conducted as an integral process to the operation in accordance with an approved Conditional Use Permit, where the operation does not block or divert any natural drainage way, affect the lateral support of, or unduly increase the stresses in or pressures upon any adjacent or contiguous property.

• (e) Excavation or fill performed by a governmental agency or public utility , or the contractor of either, in connection with the construction of roadways, pipelines, or utility lines within their rights-of-way.

• (f) Subsurface exploration activity which shall be restored to the pre-existing grade .

• (g) Agricultural grading in the agricultural zones.

• (h) Excavation for individual cemetery graves, provided that the operation of the cemetery is conducted in accordance with an approved conditional use permit.

• (i) Drilling of wells. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

An application for a Grading Permit shall be submitted in accordance with Sections 112.0102 and 129.0105. The submittal requirements for Grading Permits including geotechnical reports are listed in the Land Development Manual. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

The preparation of plans for, and the construction of, grading work regulated by this division shall be performed only by persons with the following qualifications:

• (a) Grading plans required by this division shall be prepared by professionals as licensed and allowed by the California Business and Professions Code;

• (b) Geotechnical reports required for work authorized under this division shall be prepared by professionals as licensed and allowed by the California Business and Professions Code and as specified in Land Development Manual;

• (c) Drainage reports required for work authorized under this division shall be prepared by a civil engineer;

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• (d) Landscaping plans for revegetation or planting in public rights-of-way required for work authorized under this division shall be prepared by a landscape architect or other professional as licensed and authorized by the California Business and Professions Code; and

• (e) All grading and construction work required by this division shall be performed by a contractor licensed by the State of California except that any person owning property that is or will be that person’s primary residence may perform grading on that property and any grading authorized by a Grading Permit as a result of application by a public utility may be performed by the public utility .

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

• (a) A decision on an application for a Grading Permit shall be made in accordance with Process One.

• (b) A Grading Permit shall be approved if the proposed work is consistent with the Municipal Code, applicable development standards, any development permits approved for that project, the terms of the California Regional Water Quality Control Board, San Diego Region, Order No. 2001-01 dated February 21, 2000, any subsequent amendments, relating to the reduction of pollutant discharges, and any other requirements imposed by the City Manager for the purpose of ensuring that pollutant discharges are reduced to the maximum extent practicable and water quality objectives are not violated.

• (Amended 9-10-2001 by O-18976 N.S.; effective 10-10-2001 outside the Coastal Overlay Zone; effective 11-16-2001 within the Coastal Overlay Zone.)

• (a) An approved Grading Permit shall be issued after the prescribed fees have been paid, the required insurance has been guaranteed, and the prescribed bond has been posted.

• (b) The applicant shall not begin any work, construction, or use on the property that will be authorized by a Grading Permit until the required permit has been issued.

• (c) A Grading Permit shall not be issued for a development that requires a development permit until the development permit has been issued.

• (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

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• (a) A Grading Permit shall expire by limitation and become void upon the later of:

  • (1) Twenty-four months after the Grading Permit issuance date;

  • (2) The expiration date of a subdivision improvement agreement associated with the Grading Permit;

  • (3) The expiration date of a Building Permit associated with the Grading Permit; or

  • (4) The expiration date approved by the City Manager at the time of permit issuance and specified on the Grading Permit, where the complexity or size of the project makes completion of the project within 24 months unreasonable.

• (b) If the grading or work authorized by a Grading Permit has not received final inspection approval by the Grading Permit expiration date, all work shall stop until a new Grading Permit is issued.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.) (Amended 3-22-2018 by O-20917 N.S.; effective 4-21-2018.)

• (a) A permittee may submit an application for an extension of time to the City before, but no earlier than 60 calendar days before, the expiration date of the Grading Permit. The City Manager may extend the Grading Permit for a period not exceeding 180 calendar days if the City Manager determines that circumstances beyond the control of the permittee prevented completion of the work. A Grading Permit shall not be extended more than once except as provided in Section 129.0651(d).

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• (b) If an application for an extension of time has been submitted before the expiration date of the Grading Permit and in accordance with this section, the existing permit shall automatically be extended until the City Manager has made a decision on the application for an extension.

• (c) If the Grading Permit has expired before an application is submitted for an extension of time, an extension shall not be granted. To proceed with the same development , a new application shall be required and the application is treated as a new application.

• (d) If an extension of time has been previously approved in accordance with Section 129.0651(a), the City Manager may extend the expiration of the Grading Permit one additional time if the City Manager finds the following:

  • (1) There has not been a significant change in the regulations applicable to the site since the date of permit issuance;

  • (2) The additional extension is in the public interest; and

  • (3) Circumstances beyond the control of the applicant prevented the authorized work from proceeding.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

• (a) Proposed construction change to a Grading Permit must be approved before commencement of the construction change. A decision on a construction change shall be made in accordance with Section 129.0630.

• (b) A proposed construction change to a Grading Permit that was approved in conjunction with another permit or map may be approved if the proposed change is in substantial conformance with the other approved permit or map. If the proposed change is not in substantial conformance with the other approved permit or map, the other permit or map must be amended before consideration of the construction change.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

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All grading operations authorized by a Grading Permit shall be inspected by the City Engineer or the Building Official pursuant to Section 129.0104(a)(14). Professional inspection of grading operations shall be provided by the Engineer of Record as designated by the permit holder .

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(Amended 7-31-2012 by O-20187 N.S.; effective 8-30-2012.)

• (a) The permittee shall retain and designate an Engineer of Record for each area of technical expertise needed to provide professional inspection services as required by the City Engineer and described in the Land Development Manual.

• (b) If an Engineer of Record is changed during grading , the work shall be stopped until the replacement Engineer has agreed in writing to accept responsibility within the area of technical competence for approval upon completion of the work. The permittee is responsible for notifying the City Engineer in writing of any change before grading resumes.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

The permit holder shall notify the City Engineer, or the Building Official pursuant to Section 129.0104(a)(15), when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protection devices, and all erosion control measures have been completed in accordance with the final approved grading plan and the As-Graded Reports have been submitted and approved by the City Engineer, or the Building Official pursuant to Section 129.0104(a)(15), in accordance with standards established by the City Engineer or Building Official. If the grading is for creating building pads, a Building Permit shall not be issued until the grading is completed by the permit holder and approved by the City.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 7-31-2012 by O-20187 N.S.; effective 8-30-2012.)

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Article 9: Construction Permits