Ventura Municipal Code Ch. 12.215 Grading Permits

A. Generally. No person shall commence or perform any grading, and no person shall import or export any earth materials to or from any site, without first having obtained a permit therefor from the city engineer. A separate permit will be required for each site. Retaining walls require a separate permit from building and safety.

B. Exceptions.

1. An excavation less than two feet in depth and does not exceed 50 cubic yards.

2. An excavation that does not create a cut slope steeper than 2:1, is not more than five feet in height and does not exceed 50 cubic yards.

3. A fill less than one foot in depth and placed on natural terrain with a slope flatter than 5:1, does not obstruct a drainage course and does not exceed one acre in size or 1,000 cubic yards.

4. A fill less than three feet in depth, not intended to support structures, does not exceed 50 cubic yards on any one lot, does not obstruct a drainage course and creates a fill slope no steeper than 2:1.

5. Excavations below finished grade for the construction of basement walls and foundations including grade beams, caissons, piles and other foundation systems authorized by valid building permits. This shall not exempt any fill made with material from such excavation nor exempt any excavation having an unsupported slope steeper than 2:1 and a height greater than five feet after the completion of basement walls.

6. Excavations below finished grade for retaining walls less than six feet in height with no surcharge in areas not within the boundaries of the HMP.

7. Excavations below finished grade for retaining walls less than three feet in height with no surcharge in areas within the boundaries of the HMP.

8. Utility trenches, wells, and similar work, if the city engineer determines that such exemption would not endanger life, limb, health, property, safety or public welfare.

9. Excavation for private cemetery grave.

10. Projects constructed by the city. However, all requirements of this grading chapter shall still apply to city projects, but a permit need not be issued.

11. The provisions of this division shall not apply to any grading operation which is conducted during a period of emergency or disaster as determined by the city council, city attorney or building official or which is directly connected with or related to relief of conditions caused by such emergency or disaster.

12. Exploratory excavation for the preparation of a soils/geotechnical report completed under the direction of a geotechnical engineer or geologist if the city engineer determines that such exemption would not endanger life, limb, health, property, safety or public welfare. This shall not exempt grading of access roads or pads created for exploratory excavations. Exploratory excavations must be restored to predisturbed condition as soon as practical.

13. Exceptions to the requirements for a grading permit in the hillside area will be reviewed and approved by both the city engineer and community development director. Applicant/owner to be provided written approval of this exception determination.

Prior to beginning any work allowed by this exception, applicant/owner shall notify city’s land development division 48 hours in advance of start of work made pursuant to this exception. Start of work shall include the mobilization of any equipment.

14. Exceptions from the permit requirements shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions this division or any other laws or ordinances of this jurisdiction. (Ord. No. 2017-009, § 1, 5-22-17)

A. Plans and Specifications. With each application for a grading permit and when required by the city engineer for enforcement of any provisions of this division, plans and specifications will be submitted in accordance with the current city submittal checklist for grading plans. Except as waived by the city engineer for small or minor work, the plans and specifications shall be prepared and signed by a registered civil engineer.

B. Modification of Approved Plans. All modifications of approved grading plans must be approved in writing by the city engineer. All required soils and geological reports shall be submitted with the revised plans. No grading work in connection with the proposed modifications will be permitted without the prior written approval of the city engineer.

C. Engineering Geological Reports. Prior to issuance of a grading permit, the city engineer may require an engineering geological investigation, based upon the most recent grading plan. The engineering geological report shall be prepared and signed by an engineering geologist and shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geological conditions on the proposed development and an opinion on the adequacy for the intended use on the proposed site.

All reports shall be subject to approval by the city engineer. If deemed necessary, supplemental reports and data may be required by the city engineer. Recommendations included in the report and approved by the city engineer shall be incorporated into the grading plan. An engineering geological report shall be required for all developments in hillside areas and other developments as determined by the city engineer.

D. Soils Engineering Reports. A geotechnical/soils engineering investigation is required, based upon the proposed grading plan. Such reports shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures, or such other criteria as required by the city engineer. The geotechnical or soils engineer shall also provide an opinion on the adequacy of the soil for the intended use of the site. All such reports shall be prepared and signed by the soils engineer or geotechnical engineer.

Recommendations included in the report and approved by the city engineer shall be incorporated into the grading plan or specifications.

The city engineer may waive the requirement for soils engineering investigation if the city engineer determines that such waiver will not endanger life, limb, health, property, safety, or public welfare.

E. Changed Conditions. If the soil or other conditions are not as stated in the application for a grading permit, the city engineer may suspend the grading permit until a revised grading plan is approved by the city engineer.

F. Waivers. The city engineer may waive the requirement for a contour map or subsurface exploration as required by this subsection if it is found that the information on the application is sufficient to show that the work will conform to the provisions of this division and other relevant laws.

G. Preliminary Grading Plans. The city engineer or community development director may require a preliminary grading plan to be prepared as directed by the city engineer or community development director.

H. Site Drainage Plan. The city engineer may require a site drainage plan in order to ensure compliance with the Ventura County municipal separate storm system (MS4) permit and the Ventura County technical guidance manual (TGM).

This may occur when the project is minor, however the project must comply with the MS4 permit when not requiring a grading permit. Owner shall prepare a simplified site grading and drainage plan showing sufficient detail to demonstrate drainage patterns relating to the site improvements. Owner shall show all construction and post-construction best management practices (BMPs) required to meet the MS4 permit. The drainage plan shall consider the drainage pattern across the property from all sides and the effects of neighboring properties. A proposed site improvement shall prevent existing cross lot drainage from occurring or cause new cross lot drainage unless otherwise approved by the city engineer. (Ord. No. 2017-009, § 1, 5-22-17)

A. General. The issuance of a grading permit shall constitute an authorization to do only that work which is described on or illustrated on the application for the permit or on the site plans and specifications approved by the city engineer.

B. Responsibility of Permittee. The permittee and the permittee’s agents shall carry out the proposed grading in accordance with approved plans and specifications, the conditions of the permit and with the requirements of this division and all other applicable laws. The permittee and the permittee’s agents shall maintain all required protective devices and temporary drainage, maintain dust control and methods of hauling, and observe approved hours of work during the progress of the grading work. The permittee or the permittee’s agents shall be responsible for maintenance of the site until such time as a notice of completion/final acceptance has been issued by the city engineer. The permittee, permittee’s agents, and each or all of them shall become subject to the penalties set forth herein in the event of failure to comply with this division and other applicable laws. No approval shall exonerate the permittee or the permittee’s agents from the responsibility of complying with the provisions and intent of this division.

C. Jurisdiction of Other Agencies. Permits under the requirements of this division shall not relieve the owner of responsibility for securing required permits for work to be accomplished which is regulated by any other code, department or division of the city or any other governing agency.

D. Tract/Parcel Map Requirements. If a final tract/parcel map is required under the San Buenaventura Municipal Code or Subdivision Map Act, no grading permit shall be issued for import or export of earth materials to or from, and no grading shall be conducted on, any grading site including the hillside area unless a final tract/parcel map has been approved by the city council. The city engineer may waive the requirement that the final tract/parcel map be approved prior to issuance of a grading permit if all grading and improvement plans, cost estimates, bonds, and agreements are complete and otherwise ready for city council action and the city engineer determines that such waiver will not endanger life, limb, health, property, safety, or public welfare.

In cases where a waiver is granted in the hillside area, a grading permit will not be issued until all required plans are approved by the city engineer and community development director, following the payment of necessary fees and submittal of any or all required bonding.

E. Conditions of Permit. The city engineer and community development director may impose such regulations with respect to access routes to and from grading sites in the hillside area as they shall determine are required in the interest of public health, safety, and welfare and safety precautions involving pedestrian or vehicular traffic.

F. Haul. No permit shall be issued for the export or import of earth materials to or from a grading site in areas involving ingress or egress on streets having less than 17 feet in useable width, except upon the following conditions:

1. The size or type of hauling equipment shall be limited in accordance with the width and conditions of the street.

2. Traffic control devices, including flagmen, signs and markers shall be utilized at appropriate places along designated routes to and from such sites.

3. Temporary no parking restrictions may be imposed with the approval of the city engineer along such routes when determined necessary.

4. Such other conditions as may be determined necessary for the public health, safety and welfare shall be imposed.

5. In no event shall any export or import of earth materials to or from a grading site in hillside areas be undertaken or conducted except by use of equipment which complies in all respects with the state Vehicle Code.

6. All loads shall be properly trimmed and watered, or otherwise secured so as to prevent spillage from the equipment.

7. In all cases where the city engineer designates the haul routes, such designation of routes shall take into consideration the most practical means of transporting the earth materials to or from the grading site consistent with the safety and welfare of residents along the routes.

G. Conformance With General Plan, Policies and the Zoning Regulations Required. No permit shall be issued for any grading or export or import of earth materials for any grading site except in compliance with the zoning, private street and division of land regulations contained in the San Buenaventura Municipal Code, the Subdivision Map Act of the state of California, the general plan, the HMP, the local coastal program, the specific plan for the area in which the grading is to be accomplished and local, state, and federal environmental laws and guidelines.

H. Time Limitations. The permittee shall fully perform and complete all of the work proposed pursuant to the grading permit within the time limit specified in the permit.

If the permittee is unable to complete the work within the specified time, the permittee may, prior to the expiration of the permit, submit a written request for an extension of time in which to complete the work. If, in the opinion of the city engineer, sufficient justification is shown, the time specified on the permit may be extended for a period of not more than 180 days, but no such extension shall release any surety upon the bond.

I. Entry Upon Premises. The city engineer, the surety company or the duly authorized representative of either shall at all times have access to the premises described in the permit for the purpose of inspecting the progress of the work.

In the event of default in the performance of any term or condition of the permit, the surety or any person employed or engaged on behalf of the surety shall have the right to go upon the premises to complete the required work.

It shall be unlawful for the owner or any other person to interfere with the ingress or egress from such premises of any authorized representative or agent of any surety company or the city engaged in the work ordered by the city engineer.

J. Protection of Adjacent Property. The permittee and owner of the property on which grading has been performed shall be responsible for the prevention of damage to adjacent property, including public and private streets, and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public or private street, sidewalk, alley, or other public or private property without taking adequate measures to support and protect such property from settling, cracking or other damage that might result. Any person performing any grading that involves imported or exported materials shall take special precautions, as approved by the city engineer, to prevent materials from being deposited on the adjacent public way and/or drainage courses.

K. Consent of Adjacent Property Owner. Whenever any excavation or fill requires entry onto adjacent property for any reason, the permit applicant shall obtain the written consent of the adjacent property owner or their authorized representative, and shall file a copy of said consent with the city engineer before a permit for such grading work will be issued.

L. Restrictions During Rainy Season.

1. That period between the first day of November and the following fifteenth day of April is hereby determined to be the period in which heavy rainfall normally occurs in the city of San Buenaventura. During this period, no grading work in excess of 250 cubic yards will be authorized to start on any single grading site under permit where the city engineer determines that such work will endanger the public health or safety.

2. Previously authorized grading work which extends into the rainy season shall be protected by incorporating temporary erosion control devices.

3. Plans for erosion control devices shall be submitted to the city engineer and design approval obtained not later than the first day of October of the coming rainy season. The design of desilting basins which discharge into city streets or natural watercourses shall be under the control of the city engineer.

4. All persons performing any grading operations during that period designated as the rainy season shall put into effect all safety precautions which are necessary in the opinion of the city engineer. All loose dirt shall be removed from the grading site and adequate anti-erosion or drainage devices, debris basins and other safety controls to protect the public health, safety and welfare and private and public property from damage of any kind shall be installed. All temporary erosion control devices, including desilting basins, shall be installed not later than the first day of November of each year.

5. No persons shall excavate or fill so as to cause falling rocks, soil or debris in any form to fall, slide or flow onto adjoining properties.

6. All grading activity shall conform to the requirements of the Ventura Countywide stormwater quality management program, the National Pollutant Discharge Elimination System (NPDES) and applicable NPDES permit issued by the state of California Regional Water Quality Control Board including the state general permit for construction activity, the San Buenaventura Municipal Code and the California Storm Water Best Management Practices. When a notice of intent is required under applicable laws or regulations, the city engineer will require that a copy of the notice of intent be submitted to the city engineer prior to issuance of a grading permit. Refer to Section 12.220.080 for NPDES requirements. (Ord. No. 2017-009, § 1, 5-22-17)

In granting any permit under this division, the city engineer or city engineer’s designated representative may attach such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to:

A. Improvement of any existing grading to bring it up to the standards of this division.

B. Requirements for fencing of excavations or fills which would otherwise be hazardous. (Ord. No. 2017-009, § 1, 5-22-17)

Neither the issuance of a permit under the provisions of this division, nor the compliance with the provisions hereof or with any conditions imposed in the permit issued hereunder, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the city for damage to other persons or property. (Ord. No. 2017-009, § 1, 5-22-17)

A. Hazardous Grading. A grading permit shall not be issued in any case where the city engineer finds that the work proposed by the applicant is classed as hazardous grading and is liable to, among other things, endanger any private property or result in the deposition of debris on any public way or interfere with any existing drainage course.

B. Geological or Flood Hazard. If, in the opinion of the city engineer, the land area for which grading is proposed is subject to geological, flood, or other hazard to the extent that no reasonable amount of preventative or corrective work can eliminate or sufficiently reduce the hazard to human life, safety or property, the grading permit and building permits for habitable structures shall be denied. (Ord. No. 2017-009, § 1, 5-22-17)