Yorba Linda Municipal Code Art. 2 Permit Requirements and Procedures

Except as exempted in Section 15.40.290, no person shall do any grading without first obtaining a grading permit from the City Official. A separate permit may be required for each site and may cover both excavations and fills as determined by the City Official.

(Prior code § 16A-16(a))

A grading permit may be required for the stockpiling or removal of excess dirt in excess of fifty cubic yards. A site plan, soils report or compaction test may be required if determined necessary by the City Official.

(Prior code § 16A-16(b))

Every such application shall contain the following information:

A. The purpose of the work, and a statement as to whether the purpose of the excavation is to prepare the site for subdivision.

B. The amount of material proposed to be excavated and the amount of fill in cubic yards.

C. The legal description of the property on which the work is to be performed.

D. The street address or location of the point of access to the property where the work is to be performed.

E. The name, address and phone number of the owner of the property on which the work is to be performed.

F. The name, address and phone number of the person to have effective control of and be responsible for the work.

G. Any location within the City where the applicant intends to dispose of any excess material where a separate permit is taken out for the placing of such materials.

H. The estimated dates for starting and completing the work to be done.

I. Such further applicable information as the City Official may require in order to carry out the purpose of this chapter, including information sufficient to demonstrate compliance with the water quality requirements.

(Prior code § 16A-16(c); Ord. 2003-867, § 1, 2003)

A. With each application for a grading permit, and when required by the City Official for the enforcement of any provisions of this chapter, two sets of plans and specifications shall be submitted. Except as waived by the City Official for minor and nonhazardous work, the plans shall be prepared and signed by a civil engineer licensed by the state and shall show the following:

1. A vicinity sketch or other data adequately indicating the site location;

2. The property lines of the property on which the work is to be performed;

3. The location of any buildings or structures on the property where the work is to be performed and the location of any building or structure on land of adjacent property owners which are within fifteen feet of the property being graded;

4. Accurate contours showing the topography of the existing ground;

5. Elevations, dimensions, location, extent and slopes of all proposed grading by contours or other means;

6. A certification of the quantity of excavation and fill involved and estimated starting and completion dates;

7. Detailed plans for all drainage devices, walls, cribbing, dams or other protective devices to be constructed with a map showing the drainage area and the estimated runoff of the area served by any drains;

8. Any additional plans, drawings or calculations required by the City Official, including information sufficient to demonstrate compliance with the water quality requirements.

(Prior code § 16A-(d); Ord. 2003-867, § 1, 2003)

A. Prior to the issuance of a grading permit, the City Official may require an engineering geological investigation, based on the most recent grading plan. The engineering geological report shall include an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geologic conditions on the proposed development.

B. All reports shall be subject to approval by the City Official, and supplemental reports and data may be required as he or she may deem necessary. Recommendation included in the report and approved by the City Official shall be incorporated in the grading plan.

(Prior code § 16A-16(e))

A. The City Official may require a soils engineering investigation, based on the most recent grading plan. Such reports shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, and design criteria for corrective measures.

B. Recommendations included in the report and approved by the City Official shall be incorporated in the grading plan or specification.

(Prior code § 16A-16(f))

If the City Official determines that there is a need to verify or question the conclusions contained in any soils and/or geologic report, a qualified consultant may be retained by the City at the City's expense for the purpose of evaluating such report. In the event of a discrepancy in the findings of the City's consultant and the abovementioned soils/geologic report, the two firms will meet with the City Official to resolve the differences and the decision of the city official shall prevail.

(Prior code § 16A-16(g))

A. No person shall do any grading without first having obtained a grading permit from the City. The City Official may, at his or her option, exempt the following:

1. An excavation which does not exceed fifty cubic yards on any one lot and which is less than two feet in depth, or which does not create a cut slope greater than five feet in height and steeper than two horizontal to one vertical;

2. A fill less than one foot in depth, and placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three feet in depth, not intended to support structures, which does not exceed fifty cubic yards on any one lot and does not obstruct a drainage course;

3. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation, nor exempt any excavation having an unsupported depth greater than five feet after the completion of such structure;

4. Cemetery graves, swimming pools, refuse disposal sites controlled by other regulations, excavations for wells, or tunnels for utilities;

5. Grading in a self-contained area if the City Official finds that no danger to private or public property can now or thereafter result from the grading operations;

6. Earthwork construction regulated by the Federal, state, county or City government or by any local agency as defined by Government Code Sections 53090 to 53095. This exemption, however, shall only apply when the earthwork construction takes place on the property or dedicated rights-of-way of the above agencies;

7. Grading in conjunction with work performed pursuant to the provisions of Chapter 15.36, unless the City Official determines it is necessary to obtain a grading permit to assure proper construction of a building or other structure, or where it is necessary for the protection of adjacent properties not devoted to oil drilling or production;

8. Exploratory excavations under the direction of soil engineers or engineering geologists.

B. No person shall construct, reconstruct, alter, repair or install any structure in any natural watercourse without a permit therefor from the City.

C. No person, as defined by Section 417 of the Uniform Building Code, shall maintain, permit to be maintained or cause to exist a grading code violation on his or her property, which violation has been created since the inception of the ordinance codified in this chapter which became effective September 15, 1976. If a violation has occurred, the property owner may be subject to payment in an amount equal to two times the regular fees.

(Prior code § 16A-17)

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

(Prior code § 16A-18(a))

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

(Prior code § 16A-18(b))

A. The permittee shall fully perform and complete all of the work required to be done pursuant to the grading permit within the time limit specified. If no time limit is specified, the permittee shall complete the work within one hundred eighty days after the date of the issuance of the grading permit.

B. If the permittee is unable to complete the work within the specified time, he or she shall, prior to the expiration of the permit, present in writing to the City Official a request for an extension of time, setting forth the reasons for the requested extension. If, in the opinion of the City Official, such an extension is warranted, he or she may grant additional time for the completion of the work.

(Prior code § 16A-18(c))

All persons performing any grading operations shall put into effect all safety precautions which are necessary in the opinion of the City Official. Such persons shall remove all loose dirt from the grading site and provide adequate antierosion or drainage devices, debris basins or other safety devices to protect the life, limb, health and welfare of private and public property from damage of any kind.

(Prior code § 16A-18(d))

A. In granting any permit under this chapter, the City Official may attach such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property.

B. Such conditions may include, but shall not be limited to:

1. The improvement of any existing grading to bring it up to the standards of this chapter;

2. Requirements for the fencing of excavations or fills which would otherwise not be hazardous.

3. Requirements to comply with the water quality requirements, including the use of best management practices ("BMPs").

(Prior code § 16A-18(e); Ord. 2003-867, § 1, 2003)

Neither the issuance of a permit under the provisions of this chapter, 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.

(Prior code § 16A-18(f))

Where an excess of five thousand cubic yards of earth per site project is moved on public roadways from the site of an earth grading operation, the following requirements shall apply:

A. Either water or dust palliative or both must be applied for the alleviation or prevention of excessive dust resulting from the loading or transporting of surplus earth from the project site on public roadways.

B. Loading and transportation of surplus earth from the site or operation of equipment must be accomplished between seven a.m. and six p.m., Monday through Saturday.

C. Access roads to the premises shall be only at points designated on the grading plan as approved.

D. The last fifty feet of the access road, as it approaches the intersection with the public roadway, shall have a grade not to exceed three percent. There must be a three hundred foot, clear, unobstructed sight distance to the intersection from both the public roadway and the access road. If the three hundred foot sight distance cannot be obtained, flagmen shall be posted.

E. A stop sign conforming to the requirements of Section 21400 of the state Vehicle Code shall be posted at the entrance of the access road to the public roadway.

F. An advance warning sign must be posted on the public roadway four hundred feet on either side of the access intersection, carrying the words "Truck Crossing." The sign shall be diamond in shape, each side being thirty inches in length, shall have a yellow background and the letters thereon shall be five inches in height. The sign shall be placed six feet from the edge of the pavement and the base of the sign shall be covered or removed when the access intersection is not in use.

(Prior code § 16A-18(g))

Grading operations or equipment operation within one-half mile of a structure used for human occupancy shall not be conducted between the hours of six p.m. and seven a.m. The City Official may, however, permit grading operations during specific hours after six p.m. or before seven a.m., if he or she determines that such operations are not detrimental to the health, safety or welfare of the inhabitants of such structure.

(Prior code § 16A-18(h))

A. If the proposed grading requires hauling of soil, rock or debris over City streets, the application for a grading permit shall show:

1. The name and license of the contractor who will be in charge or control of the trucks or equipment to be used in hauling;

2. The number, type and capacity of trucks to perform the hauling;

3. The proposed route from grading site to dump site or borrow area;

4. The quantity, in cubic yards, of materials to be hauled per day;

5. The traffic-control procedures along haul route.

B. All vehicles transporting rock, earth or other materials to or from a grading site over the streets of the City shall travel only over such route and at such hours as may be directed by the City to be the least dangerous to public safety, causing the least interference with general traffic and causing the least damage to the streets.

C. Any rock, earth or other material that may be spilled on any public street or place from any vehicle transporting such materials to or from any grading site shall be promptly removed in a manner satisfactory to the City at the expense of the person to whom the grading permit was issued.

(Prior code § 16A-18(i))

A. Hazardous Grading. The City Official shall not issue a permit in any case where he or she finds that the work as proposed by the applicant is liable to endanger any private property or result in the deposition of debris on any public way or interfere with any existing drainage course or violate the water quality requirements.

B. If it can be shown to the satisfaction of the City Official that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices or by other means, the City Official may issue the permit with the condition that such work be performed.

C. Geological or Flood Hazard. If, in the opinion of the City Official, the land area for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the grading permit and building permits for habitable structures shall be denied.

(Prior code § 16A-19; Ord. 2003-867, § 1, 2003)

A fee for each grading permit shall be paid to the City. The grading permit shall be based upon charges to be determined by resolution of the City Council revised periodically to defray the cost of permit issuance and inspection of the work.

(Prior code § 16A-20)

A. Bonds Required. A permit shall not be issued unless the permittee first posts with the City Official a bond executed by the owner and a corporate surety authorized to do business in the state as a surety in an amount sufficient to cover the cost of the project, including the construction of drainage and protective devices and any corrective work necessary to remove and eliminate engineering and geological hazards.

B. Alternatives. In lieu of a surety bond, the applicant may file a cash bond or, if approved by counsel for the governing agency, a letter of credit from one or more financial institutions subject to regulation by the state or Federal government in an amount equal to that which would be required in the surety bond.

C. Exceptions.

1. The City Official may reduce the amount of the bond to the extent that he or she determines that the hazard or danger created by the work does not justify the full amount;

2. No bond shall be required when the City Official determines the proposed grading will not adversely affect the subject property, adjacent property or existing or proposed structures thereon.

(Prior code § 16A-21(a))

Every bond shall include the conditions that the permittee shall:

A. Comply with all of the provisions of this chapter, applicable laws and ordinances;

B. Comply with all the terms and conditions of the permit for excavation or fill to the satisfaction of the City Official;

C. Complete all of the work contemplated under the permit within the time limit specified in the permit, or complete the work to a safe condition satisfactory to the City Official. The City Official may, for sufficient cause, extend the time specified in the permit, but no such extension shall release the surety upon the bond.

(Prior code § 16A-21(b))

The bond shall be in the amount of thirty percent of the estimated cost of the grading work authorized by the permit, plus an amount equal to one hundred percent of the proposed slope drainage facilities to insure completion of minimum storm drainage protection and erosion prevention and to correct hazardous conditions in event permittee is unable to complete the work, except that the City Official may waive all or part of the amount to the extent that it is determined that the hazard or danger created by the work does not justify the full amount. The cost shall be estimated by the design civil engineer and such cost shall include, but shall not be limited to, the cost of slope drainage devices, planting and sprinkler systems on slopes. The City Official may revise the estimated cost if it is considered to be insufficient. A firm contract will be acceptable in lieu of an estimate.

(Prior code § 16A-21(c))

The term of each bond shall begin upon the date of filing and shall remain in effect until the completion of the work to the satisfaction of the City Official. In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the City Official may order the work required by the permit to be completed or put in a safe condition to his or her satisfaction. The surety executing such bond or deposit 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 governing agency in causing any and all such required work to be done. In the case of a cash deposit, such deposit or any unused portion thereof shall be refunded to the permittee.

(Prior code § 16A-21(d))

A. Whenever the City Official finds or determines that a default has occurred in the performance of any requirement of a condition of a permit issued hereunder, written notice thereof shall be given to the principal and to the surety on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the City Official to be reasonably necessary for the completion of such work.

B. After receipt of such notice, the surety shall within the time therein specified cause or require the work to be performed or, failing therein, shall pay over to the City Official the estimated cost of doing the work as set forth in the notice. Upon receipt of such moneys, the City Official shall cause the required work to be performed and completed.

(Prior code § 16A-21(e))

A substitute bond or letter may be filed in lieu of any abovementioned bond or letter of credit, and the City Official may accept the same if it is suitable to insure completion of the work remaining to be performed and in proper form and substance, and the bond or letter of credit for which it is substituted may be exonerated if the City Official finds that the conditions of such bond or letter of credit for which a substitute has been filed have been satisfied and that no default exists as to the performance upon which such bond or letter of credit is conditioned.

(Prior code § 16A-21(f))

All permits issued under this article shall be presumed to include the provision that the applicant, his or her agent, contractor or employees shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all the requirements of the chapter.

(Prior code § 16A-22(a))

During grading operations the permittee shall be responsible for the prevention of damage to any public utilities or services. This responsibility applies within the limits of grading and along any routes of travel of equipment.

(Prior code § 16A-22(b))

The permittee is responsible for the prevention of damage to adjacent property; and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley or other public or private property without supporting and protecting such property from settling, cracking or other damage which might result.

(Prior code § 16A-22(c))

The permittee shall be responsible for the protection and preservation of all official land survey markers and monuments within the grading area and shall retain a licensed surveyor or registered civil engineer to replace any such markers or monuments as may be damaged or destroyed in the work.

(Prior code § 16A-22(d))

Upon completion of grading work, including excavations and fills, the owner of any property on which grading is done pursuant to this chapter shall be fully responsible for the continued maintenance of all cut and fill slopes on his or her property. Maintenance shall include repairs to berms, ditches, paved drainage terraces, down drains and erosion control devices, including slope planting. Plantings shall be watered, fertilized and replaced where necessary to cover bare soil areas sufficiently to prevent erosion. Maintenance shall also include repairing eroded slopes by filling erosion gulleys with imported soil or other means when such erosion gulleys create a hazard to paved drainage terraces or other nearby public or private property.

(Prior code § 16A-22(e))

Compliance with requirements and conditions of this chapter or the granting of or issuance of a grading permit shall not be construed to release the owner of real property of any legal duties, obligations or liabilities incident to the ownership of the property while the work of grading, excavating or filling is in progress, or after the completion thereof.

(Prior code § 16A-22(f))