Watsonville Municipal Code Art. 3 Permit Requirements and Conditions

No person shall cause or allow the persistence of a condition on any site which could cause accelerated erosion. Accelerated erosion shall be controlled and/or prevented by the responsible person or the property owner by using the applicable measures set forth in this chapter. Additional applicable measures may be necessary and may be specifically required by the City Engineer.

(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)

Whenever the City Engineer determines that an existing excavation or embankment or cut or fill has become a hazard to life, or endangers property, or adversely affects the safety, use, or stability of a public way or drainage channel, or causes a significant impact on the natural resources of the area, the owner of the property upon which the excavation or cut or fill is located, or other person or agent in control of the property, upon receipt of notice in writing from the City Engineer, within the period specified therein, shall repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this chapter. Erosion problems shall be controlled no later than October 15 of each year.

(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)

Any and all excavating, grading, filling, clearing, and/or erosion control shall require a permit issued by the City Engineer, except for the following:

(a) Emergency work. Work necessary to preserve life or property; provided, however, when emergency work is performed under this section, the person performing such work shall report the pertinent facts relating to the work to the City Engineer within five (5) days after the commencement of the work and shall thereafter obtain a permit pursuant to Section 7-6.303 of this article and perform such work as may be determined by the City Engineer to be reasonably necessary to correct any erosion or condition with a potential to cause erosion as a result of the emergency work;

(b) Excavations. An excavation which does not exceed fifty (50) cubic yards and is less than two (2') feet in depth;

(c) Fill. A fill, containing permitted materials only, which is less than two (2') feet in depth, is placed on natural terrain with a slope flatter than five (5) horizontal to one vertical, does not exceed fifty (50) cubic yards on any one site, does not alter or obstruct a drainage course, and will not be used for structural support or roadways. Any fill in a riparian zone shall not be exempt;

(d) Basements and footings. An excavation below the finished grade for the basements and footings of a building, retaining wall, or other structure authorized by a valid building permit. This subsection shall not exempt any fill, except as provided by subsection (c) of this section, made with the material from such excavation;

(e) Cemeteries. Excavations or the deposition of fill material within a property which is used for cemetery purposes, except where such grading is within twenty-five (25') feet of the property line or intended to support structures;

(f) Refuse disposal. Refuse disposal sites which are permitted and actually being controlled pursuant to other City regulations and excavations for individual and community sewage disposal systems made pursuant to other City permits;

(g) Wells and utilities. Excavations for wells, tunnels, or utilities made pursuant to other permits;

(h) Soil investigations. Exploratory excavations under the direction of soils engineers or engineering geologists where such excavations are to be returned to the original condition under the direction of such engineer or geologist within forty-five (45) days after the start of the work; and

(i) Public improvement projects. Grading in connection with public improvement projects for which inspections are provided by the City.

(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)

Except as exempted by Section 7-6.302 of this article, no person shall do, cause, permit, aid, abet, suffer, or furnish equipment or labor for any excavating, grading, filling, clearing, or erosion control work without obtaining a permit from the City Engineer by the owner of the property or the owner’s agent when authorized in writing.

(a) A separate permit shall be required for each site and shall cover both excavations and fills.

(b) The issuance of a permit shall constitute an authorization to do only that work which is described or illustrated on the site plans and specifications approved by the City Engineer.

(c) The approval of a new development shall require the abatement of any existing accelerated erosion problem on the property.

(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)

Permits issued under the requirements of this chapter shall not relieve the permittees of responsibility for securing required permits for work to be done which is regulated by any other Code, department, or division of the City or another governmental agency.

(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)

During grading operations, the permittee shall be responsible for the prevention of damages to any public utilities or services. Such responsibility shall apply within the limits of grading and along any routes of travel of equipment.

(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)

The permittee shall be responsible for the prevention of damages to adjacent property, and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, structure, or other public or private property from settling, cracking, or other damages and otherwise complying with Section 832 of the Civil Code of the State.

(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)

All persons performing any grading operation shall put into effect all safety precautions and devices to protect the life, health, and welfare of private and public property from damages of any kind.

(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)

In granting any permit under this chapter, the City Engineer may attach such conditions as may be reasonably necessary to prevent the creation of a nuisance or hazard to persons or public or private property. Such conditions may include, but shall not be limited to, the improvement of any existing grading to bring it up to the standards of this chapter and the fencing of excavations or fills which otherwise would be hazardous. Such conditions shall be written on the permit.

(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)

Neither the issuance of a permit under the provisions of this chapter, nor the compliance with the provisions of this chapter or with any condition imposed in the permit issued pursuant to this chapter shall relieve any person from responsibility for damages to other persons or property nor impose any liability upon the City for damages to other persons or property.

(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)

Four (4) sets of plans, plus supporting data, shall be required for each application. Plans shall be drawn to a scale of one inch equalling fifty (50') feet, or larger, upon substantial material, a minimum size of eighteen (18") inches by twenty-four (24") inches, and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that the work will conform to the provisions of this chapter and all relevant laws and regulations. The first sheet of each set of plans shall include the location of the work, Assessor’s parcel number, name and address of the owner, and name and address of the person by whom the plans were prepared. The plans shall include the following information in writing, diagrams, and/or scale drawings:

(a) Statements as to the specific intention or ultimate purpose for which the grading is being done;

(b) The general location and vicinity of the property site;

(c) The property lines and accurate contours of the existing ground and details of terrain and area drainage without existing vegetation. Contour intervals shall be one foot when the natural ground slope is less than five (5%) percent, two (2') feet when the slope is five (5%) percent to ten (10%) percent, and five (5') feet when the slope is over ten (10%) percent. Contours shall overlap fifteen (15') feet onto adjacent property;

(d) The limiting dimensions, elevations, or finished contours to be achieved by the grading and proposed drainage channels and related construction, including the proposed vegetation and landscaping. Finished grade contours shall be shown as they relate to surrounding property contours;

(e) Detailed plans and locations of all temporary and permanent structures and nonstructure erosion and sediment control measures required by this chapter;

(f) The planned direction and disposition of all storm drainage flow and approximate grade from all buildings, yards, lots, driveways, parking areas, and streets. A map showing the drainage area with the complete drainage network and the estimated runoff of the area served by any drain shall be clearly shown. The location, capacity, and condition of any flood plains, sloughs, or drainage courses in the pathway of off-site runoff or drainage shall be indicated;

(g) Vegetative erosion control and revegetation measures for all surfaces exposed or expected to be exposed during grading activities as a part of the overall erosion and sediment control plans;

(h) The locations of buildings or structures on the property where the work is to be performed and the approximate locations of buildings or structures on adjacent lands owned by other owners, which land is within fifteen (15') feet from the property line or which may be affected by the proposed operations;

(i) A statement of the estimated quantity of excavation, fill, and other work involved, along with the appropriate shrinkage factor;

(j) Specifications shall contain information covering the construction and material requirements;

(k) The estimated starting and completion dates;

(l) A soil description as found in the United States Department of Agriculture Soils Survey Report of the County and vegetative establishment and growing capabilities, where applicable;

(m) The extent and manner of tree cutting and/or vegetative clearing, including a disposal plan;

(n) A provision for stockpiling topsoil when necessary for erosion control or landscaping; and

(o) The north arrow and written and graphic scales.

(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)

A civil engineer shall prepare and sign the plans and specifications and be the coordinator and liaison between other professionals, owners, contractors, and the City Engineer for grading in excess of 500 cubic yards. An erosion control plan will be required as a part of the grading plan and shall show the runoff comparison within and without the project.

(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)

All grading in excess of 1,000 cubic yards shall be performed under the supervision of a soils engineer registered in the State.

(a) Four (4) copies of a soils report shall be required, and the plans shall be reviewed and approved in writing by a soils engineer or engineering geologist.

(b) The soils engineer shall review the grading plan before construction. The soils engineer shall sign the grading plan.

(c) Soils tests shall be required during construction, and a final report shall be filed by the soils engineer certifying the compaction and acceptability of all fills.

(d) Supervised grading shall be accomplished by a contractor licensed for grading in the State.

(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)

(a) The soils engineering report shall include, but need not be limited to, data regarding the feasibility of the site for the proposed use. Such report shall include recommendations for surface and subsurface drainage, slope stability, seismic design, erosion control, pavement thickness design, foundation recommendations, and soils descriptions as defined in the United States Department of Agriculture Soil Survey of the County, including soil types, depths, erodibility, and vegetative establishment and growing capabilities.

(b) Recommendations included in the soils reports, when approved by the City Engineer, shall be incorporated in the plans and specifications.

(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)

A request for a variance from the provisions of this chapter, the permit conditions, or the plans and specifications may be approved, conditionally approved, or denied by the Council. A request for a variance shall state in writing the provision to be varied, the proposed substitute provision, when it would apply, and its advantages.

(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)

The permittee shall fully perform and complete all the work required to be done within the time limits specified. If no time limit is specified, the permittee shall complete the work within 180 days after the date of the issuance of the permit. If the work has not started within ninety (90) calendar days after the issuance of the permit, the permit shall expire. The permit shall expire if the work authorized is started and suspended or abandoned for thirty (30) calendar days, unless such suspension is approved in advance by the responsible official. If the permittee is unable to complete the work within the specified time, the permittee, prior to the expiration of the permit, shall present in writing a request for an extension of the time, setting forth the reasons for the requested extension. If, in the opinion of the City Engineer, an extension is warranted, additional time may be granted for the completion of the work.

(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)

Fees for plan checking, variances, permits, and/or other services shall be set by resolution of the Council.

(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)

A permit shall not be issued for excavations or fills in excess of 500 cubic yards unless the permittee shall first post with the City Engineer a surety bond in favor of the City, executed by the owner or permittee or representative thereof, in an amount sufficient to cover the cost of the project. A cash bond in a like amount shall be acceptable. The conditions of the surety shall be that the project for which the permit is issued will be completed in accordance with the plans and specifications as approved by the City Engineer and the terms of the permit issued. Bonding shall remain in effect one full winter cycle, from October 15 through April 15, after the final inspection and approval.

(§ 1, Ord. 538-81 C-M, eff. October 22, 1981)