No person shall conduct any construction, grading (stockpiling, excavating, earth moving, filling, clearing, disking, brushing or grubbing on natural or existing grade or perform work that is preparatory to grading), without first having obtained a grading permit in accordance with this title, except as specified in Section 18.06.060 "Permit exemptions" of this chapter and without having obtained coverage under the State Water Resources Control Board's national pollutant discharge elimination system (NPDES) permit for construction activity, if applicable.
(Ord. 13-01 § 4)
A.
The
types of work covered by a grading permit include the following:
1.
Mass,
Rough or Precise Grading. The city engineer may issue a grading permit
for mass, rough or precise grading work upon completion of an application
in accordance with the Engineering and Construction Manual. The issuance
of building permits by the department of building and safety shall
be determined as follows:
a.
Building permits may be issued for a site graded under a grading
permit for precise grading work, upon completion and approval of the
rough grade inspection, as specified in and subject to the requirements
of the Engineering and Construction Manual.
b.
Building permits shall not be issued for a site graded under a grading
permit for rough grading work, unless a precise grading plan has been
approved.
2.
Borrow Sites. A grading permit shall not be issued when, in the opinion of the city engineer, a significant amount of borrow or waste material is to be removed from a grading site for commercial purposes, unless a conditional use permit in accordance with Chapter 17.04, "Permits" of the Temecula Municipal Code has been issued for the operation of a borrow pit on the grading site.
3.
Stockpiling.
Upon approval by the planning commission, a grading (stockpile) permit
may be issued for the stockpile of soil materials on a lot or parcel
provided that the soil materials shall be removed from the site or
compacted and graded thereon under a subsequently issued mass, rough
or precise grading permit within six months of issuance of a stockpile
permit, unless modified by the planning commission in accordance with
the Engineering and Construction Manual.
4.
Erosion and Sediment Control (ESC). All grading plans, regardless of the date of submittal, shall include an erosion and sediment control plan designed to limit erosion and sediment discharges of all disturbed portions of the property and to minimize the transport of soil onto adjacent properties or into stormwater conveyance systems in accordance with the provisions of Chapter 18.18 of this title and the Engineering and Construction Manual. The ESC work shall be covered under the grading permit.
5.
Administrative
Clearing. No person shall commence any clearing and grubbing operation
without first obtaining a grading (administrative clearing) permit
in accordance with the Engineering and Construction Manual.
6.
Rock
Blasting. No rock blasting shall be permitted until a pre-blast survey
of the surrounding property is conducted to the satisfaction of the
city engineer. During rock blasting, seismic recordings shall be taken
for all blasts at locations and levels approved by the city engineer.
All blasting shall conform to the requirements of the city engineer,
as specified in and subject to the requirements of the Engineering
and Construction Manual.
7.
Paving.
For on-site (private) development, no person shall construct concrete
or bituminous pavement surfacing on natural or existing grade in excess
of five thousand square feet for any commercial, industrial, multiresidential
or other parking lot, without a valid grading permit for such paving
operation. This excludes developments consisting of a single-family
residence. Maintenance and repaving of existing paved sections shall
be exempt from this requirement.
8.
Watercourse
Alteration. No person shall alter an existing watercourse, channel
or revetment (by excavating or placing fill, rock protection or structural
improvements therein) without an applicable state agency approval
and a grading permit unless:
(Ord. 13-01 § 4)
Grading permits are not required for:
A.
An
excavation below the existing finished grade for re-compaction within
the building zone (within five feet of footings) or for basements
and footings for a building, mobile home, retaining wall, septic system,
well or structure authorized by a building permit. This shall not
exempt any fill made with the material from such excavation or exempt
any excavation having an unsupported height greater than two feet
after the completion of such structure. Regardless of exemption, the
public works department shall be notified of activity;
B.
Cemetery
graves;
C.
Refuse
disposal sites controlled by other statutorily authorized regulations
or agencies;
D.
Earthwork
or construction controlled by the federal, state, county or city governments,
or by a local agency as defined by Government Code Sections 53090
through 53095 (special districts). This exemption, however, shall
apply only when the grading activity takes place on the property,
or dedicated rights-of-way or easements of the above agencies;
E.
Excavation
and backfill for installation of underground utilities by public utilities
or companies operating under the authority of a franchise or public
rights-of-way permit;
F.
Mining,
quarrying, excavating, processing stockpiling of rock, sand, gravel,
aggregate or clay for commercial purposes where established and provided
for by a conditional use permit, provided such operations do not affect
the lateral support of any adjacent or adjoining properties, or alter
the direction of, or contribute to, sedimentation to natural watercourses;
G.
Exploratory excavations under the direction of civil engineers, geotechnical engineers, engineering geologists, and/or archaeologists or paleontologists, or pursuant to a well permit, provided all excavations are properly backfilled or otherwise restored. All such elevations and trenches are subject to the applicable sections of Title 8 of the State Orders, Division of Industrial Safety and the following:
1.
When such work involves removal of any native vegetation, it shall be accompanied by an administrative clearing permit in accordance with Section 18.06.040 "Types of work covered by a grading permit" of this chapter. Any access roadways or pads constructed for this work shall only be constructed as approved in the administrative clearing permit and shall be restored as required in the permit;
H.
An excavation not intended to support structures or mobile homes and which: (a) is less than two feet in vertical depth or (b) does not create a cut slope greater than three feet in vertical height and steeper than two horizontal to one vertical (2:1). This exemption shall not apply when finish grading is proposed, subsequent to a permit authorizing rough grading in accordance with Section 18.06.040, "Types of work covered by a grading permit";
I.
A fill less than one foot in vertical depth, placed on natural terrain with a slope flatter than five horizontal to one vertical (5:1), or less than three feet in depth, not intended to support structures or mobile homes, which does not exceed fifty cubic yards on any site and does not obstruct a drainage course. This exemption shall not apply when finish grading is proposed, subsequent to a permit authorizing rough grading in accordance with Section 18.06.040, "Types of work covered by a grading permit";
J.
The
construction or maintenance of roads or facilities for the generation,
storage or transmissions of water including floodwaters or electrical
energy by public agencies or their agents. Work may be subject to
water quality management plan (WQMP) requirements. A WQMP project
includes the construction or reconstruction of five thousand square
feet of impervious surface in a parking lot, street, road or highway;
K.
The
maintenance of private roads by private individuals or their agents,
but not the construction or widening of such roads;
L.
Clearing and brushing when directed by the fire chief to mitigate a potential fire hazard in accordance with Title 8, Chapter 8.16, "Hazardous Vegetation," of the Temecula Municipal Code with the concurrence of the director of development services that such clearing and brushing will not cause significant damage to any habitat of any rare, endangered or protected species of wildlife or endanger any archaeological or historical resources, open space areas with biological significance, or transition areas between land to be cleared for fire fuel mitigation and permanent open space;
M.
Clearing
and brushing, expressly for the following purposes:
1.
Routine
landscaping and maintenance of already landscaped areas and the removal
of dead or diseased trees or shrubs,
2.
Clearing, which conforms to the location, extent and purpose authorized explicitly by a construction permit pursuant to a discretionary land use permit or a discretionary development permit. An administrative clearing (grading) permit, in accordance with Section 18.06.040 "Types of work covered by a grading permit," shall be required for any purpose that is not specifically addressed by the construction permit;
N.
Repaving,
resurfacing and maintenance of existing private roads and parking
lots and the preparation necessary for that work, provided no grading
beyond the limits of other exemptions is performed;
O.
Minor
maintenance and alterations to natural drainage areas that do not:
1.
Obstruct
or redirect drainage from adjacent properties, nor
2.
Divert
the outflow of drainage from the existing or natural discharge point
of the property, nor
3.
Concentrate
or accelerate the flow of drainage as it leaves the property, nor
4.
Create
ponding, siltation or erosion in or of the streambed, nor
5.
Disturb
wetlands;
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Note: The above listed exemptions do not apply to clearing,
grubbing, brushing, disking or grading when:
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1.
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Work will occur in, or physically impact, designated or dedicated
open space or environmentally sensitive areas designated in the general
plan, or the finally adopted plan of any public agency or governmental
office with jurisdiction over the site, or shown on any approved specific
plan, or
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2.
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Work will occur in any waterway or wetland, stream, river, channel,
pond, lake, marsh, bog, lagoon, vernal pool or riparian habitat, except
as provided in exemption "O," or
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3.
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Work will occur in any floodway or floodplain as shown on the
Federal Emergency Management Agency Floodplain Maps or on city revised
maps, except as provided in exemption "O."
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(Ord. 13-01 § 4)
Under either of the following circumstances, a grading permit
shall not be issued, unless and until, a tentative map or a conditional
use permit has been approved by the city:
A.
If
the purpose of the proposed grading or clearing is to prepare the
land for a subdivision or for some use for which a conditional use
permit is required; or
B.
Notwithstanding
the purpose of the proposed grading or clearing as stated in the application,
if the city engineer finds that the purpose of the proposed grading
or clearing is to prepare the land for subdivision or for some use
for which a conditional use permit is required.
(Ord. 13-01 § 4)
To obtain a grading permit, the applicant shall first file an
application in writing on a form furnished by the city engineer for
that purpose.
(Ord. 13-01 § 4)
A.
Each
application for a grading permit shall be accompanied by plans and
specifications, soils engineering and geotechnical reports, hydrology/hydraulic
reports, erosion and sediment control plans, proof of coverage under
the state general permit for construction activities and all other
information required by the city engineer as noted in the Engineering
and Construction Manual, and payment of the appropriate fees. In addition,
a conceptual water quality management plan (WQMP) must be accepted
by the city engineer prior to issuance of final conditions of approval.
A final WQMP must be accepted by the city engineer, prior to issuance
of a grading permit.
B.
Plans and specifications for grading projects requiring permits as defined in Section 18.06.020 "Grading permits required" of this chapter shall be prepared and signed by the engineer of record. This requirement may be extended to any project when, in the opinion of the city engineer, drainage or geologic factors may warrant a need for civil engineering design and control.
C.
Grading
plans and specifications shall be prepared in accordance with the
Engineering and Construction Manual.
(Ord. 13-01 § 4)
A.
Applications
for which no permit is issued within one hundred eighty days following
the date of application shall expire; and plans submitted for checking
may thereafter be returned to the applicant or may be destroyed by
the city engineer without additional notice to the applicant.
B.
The
city engineer may extend the time for action by the applicant for
a period not exceeding one hundred eighty days upon written request
by the applicant showing that circumstances beyond the reasonable
control of the applicant have prevented action from being taken.
C.
In
order to renew action for an application after expiration, the applicant
shall resubmit the grading submittal package and pay the most current
plan check fee.
D.
Plan
check fees shall be deemed forfeited for all expired permits.
(Ord. 13-01 § 4)
A.
A grading
permit shall be valid for a period of one hundred eighty days from
the date of issuance.
B.
The
time limitation for all grading permits is also subject to the following
provisions:
1.
Change
of Ownership. A grading permit issued in accordance with these requirements
shall terminate upon a change of ownership if the work for which said
permit was issued has not been completed. In such instances, a new
grading permit shall be required for the completion of the work.
a.
If the time limitations of subsection A of this section are not applicable, and no changes have been made to the plans and specifications last submitted to the city engineer, no charge shall be made for the issuance of a new permit.
b.
If changes have been made to the plans and specifications last submitted
to the city engineer, fees based on the valuation of the additional
or new work, such as additional earthwork and necessary plan checking,
shall be charged to the permit applicant.
2.
Permit
Extensions. The city engineer may extend the time limit on grading
permits by one or more successive periods of up to one hundred eighty
days upon written request by the applicant showing to the satisfaction
of the city engineer that circumstances beyond the control of the
applicant have prevented, delayed or extended the time required to
complete the grading operations.
3.
Weather-Related
Delays. The city engineer may require that grading operations and
project designs be modified if delays occur which incur weather-related
problems not considered at the time the grading permit was originally
issued.
C.
As
a condition of the extension of any time period, the city engineer
may require the payment of additional permit, plan checking, inspection
and/or soils review fees required to cover the administration of the
extensions and/or increased costs to the city and to bring the project
into conformance with any fee schedule in effect at the time of extension.
(Ord. 13-01 § 4)
A.
A grading
permit shall not be issued in any case where the city engineer determines
that hazardous conditions exist and that the work, as proposed by
the applicant, will:
1.
Expose
any property to landslide or geologic hazard;
2.
Adversely
interfere with existing drainage courses or patterns;
3.
Cause
erosion and/or flooding, which could result in the depositing of mud,
silt or debris on any other property or public/private street;
4.
Create
any hazard to person or property; or
5.
Damage
or endanger any environmentally sensitive species and habitats, rocks
and/or archaeological artifacts.
C.
The
city engineer shall deny the issuance of a grading permit if any of
the following apply:
1.
If
prohibited by a duly elected moratorium, court order, injunction or
other legal order;
2.
If
the applicant or owner has failed to comply with the provisions of
this title; or
3.
If
the work proposed is not consistent with the city's general plan (or
any element thereof), any specific plan, conditional use permit, land
use ordinance or regulation, zoning ordinance or regulation, any permit
or approved subdivision map.
(Ord. 13-01 § 4)
If the civil engineer of record, the geotechnical engineer,
the engineering geologist or the grading contractor of record is changed
during the course of the work, the project shall be stopped until:
A.
Permittee
submits a letter of notification verifying the change of the responsible
professional; and
B.
The
new responsible professional submits in writing that he or she has
reviewed all prior reports and/or plans (specified by date and title)
and work performed by the responsible professional party, and that
he or she concurs with the findings, conclusions and recommendations
and is satisfied with the work performed. He or she must state that
he or she assumes all responsibility within his or her purview as
of a specified date. All exceptions shall be justified to the satisfaction
of the city engineer.
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Exception: where clearly indicated that the firm, not the individual
engineer and/or geologist, is the contracting party, the designated
engineer or geologist may be reassigned and another engineer and/or
geologist within the firm may assume responsibility.
|
(Ord. 13-01 § 4)
A.
The
applicant shall obtain all required clearances from applicable regulatory
agencies and city departments prior to obtaining a grading permit,
as specified in and subject to the requirements of the Engineering
and Construction Manual. Said clearances shall not be obtained until
the applicant meets all regulatory agencies' and city departments'
requirements.
B.
The
applicant shall address all requirements associated with drainage
ways (where their function is essential to the protection and/or use
of multiple properties). Said requirements shall comply with the Engineering
and Construction Manual.
(Ord. 13-01 § 4)
A water quality management plan (WQMP) may be required as a
condition for issuance of grading permits. A WQMP shall provide guidelines
for addressing site design, source control and treatment control BMPs
on a project-specific and/or sub-regional or regional basis to address
the management of urban runoff to protect receiving waters. Said report
shall comply with the NPDES MS4 permit and as specified in and subject
to the requirements of the Engineering and Construction Manual.
(Ord. 13-01 § 4)
A.
The
city engineer shall require a geotechnical report to correlate surface
and subsurface conditions with the proposed grading plan. The results
of the investigation shall be presented in a report in conformance
with the requirements of this title and the Engineering and Construction
Manual.
B.
The
city engineer shall require such supplemental reports and data, as
he or she deems necessary, upon his or her review of the site and
the reports and other data submitted. Such required data may include
tests for soil fertility and agricultural suitability to be performed
at the conclusion of rough grading by a recognized agronomic soil-testing
laboratory, with written analysis and recommendation, to be utilized
during any required re-vegetation.
C.
For
a specific project, the city engineer may determine that the geological
and geotechnical conditions at the site are such that public safety
is adequately protected and no mitigation is required. This finding
shall be based on a report presenting evaluations of site in the immediate
vicinity having similar geologic and geotechnical characteristics.
The report shall be prepared by a certified engineering geologist
or registered civil engineer, having competence in the field of seismic
hazard evaluation and mitigation. The city engineer shall provide
a written commentary that addresses the report conclusions as justification
for waiving the requirement of a geotechnical report for the project.
All such waivers shall be recorded with the county recorder and a
separate copy, together with the report and commentary, shall be filed
with the state geologist within thirty days of the waiver, in accordance
with Public Resources Code Section 2697(a).
(Ord. 13-01 § 4)
A seismicity report shall be required as a condition for issuance
of grading permits for: all grading applications associated with subdivisions
(tracts), if applicable; all grading projects that propose development
with occupancy category II, III, IV structures as shown in Table 1604A.5
of the California Building Code; and all real estate development that
lies within an earthquake fault zone. Said reports shall comply with
the requirements of the Act (Public Resources Code Section 2621, et
seq.) and as specified in and subject to the requirements of the Engineering
and Construction Manual.
(Ord. 13-01 § 4)
Dust control and prevention procedures shall be employed while
construction activity occurs to minimize wind borne particles. At
a minimum, all grading operations, land clearing, loading, stockpiling,
landscaping, vehicular track-out and haul routes shall comply with
South Coast Air Quality Management District (SCAQMD) Rule 403 (Fugitive
Dust Emissions) and the Engineering and Construction Manual.
(Ord. 13-01 § 4)
The disposal of all waste and recycling materials removed as part of any grading project shall comply with the city's solid waste franchise agreement, as specified in and subject to the requirements in the provisions of the Temecula Municipal Code, Title 8, Chapter 8.20, "Waste Management," and the Engineering and Construction Manual.
(Ord. 13-01 § 4)
A.
Upon
receipt and approval of the required application, fees, plans, reports
and other requirements of this title, the city engineer may issue
a grading permit, subject to any terms and conditions deemed necessary
to ensure conformance with the provisions of this title and the Engineering
and Construction Manual.
B.
The city engineer shall have the discretion to impose or modify conditions as necessary to prevent a possible nuisance or hazard, or to eliminate a nuisance or hazard, to persons or to public or private property in accordance with Section 18.27.060 "Hazardous conditions" of this title.
C.
The
issuance of a permit shall constitute an authorization to do only
that work which is described or illustrated on the application for
the permit, or on the plans and specifications attached to the permit
and approved by the city engineer. A separate permit shall be required
for each (noncontiguous) grading project.
(Ord. 13-01 § 4)
As a prerequisite for issuance of any grading permit, the owner,
contractor or authorized agent of the site to be graded acknowledges
and grants permission to the city for right of entry into the site
for inspection, emergency work or correction of grading not performed
in compliance with the terms and conditions of the permit. The owner,
contractor or authorized agent shall agree to indemnify the city for
any claims or damages, which may result from the city's entry onto
the property including any corrective or emergency action taken pursuant
to such right of entry.
(Ord. 13-01 § 4)
A.
Time
of any grading, clearing and equipment operations pursuant to this
title shall be consistent with city Ordinance No. 94-25. Grading operations
within one-quarter mile of an occupied residence shall not be conducted
between the hours of six-thirty p.m. and six-thirty a.m., Monday through
Friday; or between the hours of six-thirty p.m. and seven a.m. on
Saturday. Further, no such activity shall be undertaken on Sunday
or any nationally recognized holiday. The city engineer may extend
the hours permitted for grading or equipment operations if the city
engineer determines that such operations are not detrimental to the
health, safety or welfare of the inhabitants of nearby structures.
Permitted hours of operation may be shortened by the city engineer's
findings of a previously unforeseen effect on the health, safety or
welfare of the surrounding community.
B.
Public
works projects of any federal, state or local entity or emergency
work by public utilities are exempt from the provisions of this title.
Residents working on their property are exempt from the prohibition
of construction activities on Sundays and holidays, but shall comply
with the hourly restrictions set forth for Saturday when working on
Sunday and holidays.
(Ord. 13-01 § 4)
It shall be the responsibility of the permittee to be knowledgeable
of the conditions and/or restrictions placed on the permit as outlined
in the applicable sections of this title, the Engineering and Construction
Manual, and as contained on the approved grading plans and geotechnical
reports. The permittee shall also be responsible for maintaining a
copy of the permit and approved plans at the work site, and implementing
the applicable requirements of the city's standard notes, as identified
in the Engineering and Construction Manual.
(Ord. 13-01 § 4)
All persons performing work pursuant to this title shall have
all valid licenses and insurance required by the state of California
and by the city of Temecula.
(Ord. 13-01 § 4)
Each adjacent owner is entitled to the lateral and subjacent
support that his or her land receives from the adjoining land, subject
to the right of the property owner of the adjoining land to make proper
and usual excavations on the same for purposes of construction or
improvement, as follows:
A.
Any
person causing an excavation to be made to a depth of ten feet or
more below the grade and within ten feet of the property line(s) shall
protect the excavation so that the soil of adjoining property will
not cave in or settle. The person making or causing the excavation
to be made shall provide written notification to the adjoining property
owner(s) no less than ten days before such excavation is to be made,
stating the depth for which such excavation is to be made and when
the excavation will begin.
B.
If
at any time it appears that the excavation is of greater depth than
are the walls or foundation of an adjoining building or other structure,
and the distance from the edge of the excavation to an adjoining building
or other structure is less than the depth of the excavation, the person
causing the excavation shall notify the owner of the adjoining building
or other structure no less than ten days before such excavation is
to be made to protect the same from any damage, or to brace or extend
the foundations of the noted building or other structure from possible
damage from the excavation.
C.
Excavations
shall meet all state and federal regulations including, but not limited
to, any trench greater than five feet deep. Cal OSHA permits shall
be obtained.
D.
No
grading shall be approved which, in the opinion of the city engineer,
physically prevents the use of existing legal access to any parcel.
(Ord. 13-01 § 4)
A.
During
grading operations, the permittee shall be responsible for the prevention
of damage to public utilities or services and for confining grading
activities to the area permitted on the approved plans. This responsibility
applies within the limits of grading or clearing and along any routes
of travel of equipment.
B.
Before
starting any excavation work, the permittee shall be responsible to
contact Underground Service Alert of Southern California and coordinate
the proposed excavation with all interested utility companies, districts
and agencies.
(Ord. 13-01 § 4)
The owner or agent in control of such property on which a grading
activity has occurred pursuant to a permit granted under the provisions
of this title, shall maintain in good condition and repair all structures,
planting and other protective devices as per the approved plans or
required by the permit. Any facilities dedicated for public use and
accepted by a public agency are exempt.
(Ord. 13-01 § 4)
The throwing, leaving, maintaining, keeping, placing, dumping, depositing or spilling soil materials on public and private streets or any portion of the public rights-of-way shall be strictly prohibited. The permittee shall be responsible for the complete removal and cleanup of such materials from the street or any portion of the public rights-of-way. If the permittee fails to immediately remove said spillage or deposit from the street and/or public rights-of-way, and it is necessary for the city to cause such removal to be made, the cost of such removal work shall be the responsibility of the permittee. The city may use the grading deposit in accordance with Section 18.24.140 "Securities" of this title for this purpose without notice to the owner. An additional cash deposit may be required prior to resumption of grading activities to insure the cleanup of public streets.
(Ord. 13-01 § 4)
