It is the purpose of this chapter to establish a review process and regulations to allow the rough grading of property when not undertaken as a condition of a separate permit issued as a discretionary action.
(Ord. 3000 § 1, 1996)
All grading shall be performed in conformance with the City of Roseville improvement standards. If there is a conflict between the requirements of this chapter and the improvement standards, the more restrictive requirement shall prevail.
Nothing in this chapter is intended to repeal or replace requirements of the Uniform Building Code as adopted by the city. In the case of a conflict between this chapter and the Uniform Building Code, the more restrictive document shall prevail.
(Ord. 3000 § 1, 1996)
The following words are defined for purposes of this chapter as follows:
means the development services director, the community development/planning director or the planning commission and in matters involving an appeal, the city council.
means the removal of items such as, but not limited to, debris, grasses, weeds, scrub brush, etc., from a site in preparation of grading a site or for purposes of abatement of weeds, dirt, rubbish or other rank growth as provided in Chapter 9.20 of this code.
means the development services director for the City of Roseville or designee.
means any non-ministerial development project that must be approved by either the: city council, planning commission, design committee, or the community development/planning director. Discretionary projects include, but are not limited to: conditional use permits, design review permits, subdivision maps and variances.
means any excavating or filling, or combination thereof.
means a permit issued by the development services department to authorize grading.
means a permit issued by the approving authority to allow the applicant to submit plans to obtain a grading permit.
means the improvement standards for the City of Roseville as adopted by the city council.
means any lot or parcel or contiguous combination thereof, under common ownership where grading is proposed.
means the storage of material for future construction either on- or off-site which exceeds a depth of three feet above natural grades, which is not associated with a retail landscape or construction material storage yard.
(Ord. 3000 § 1, 1996; Ord. 3141 § 3, 1997; Ord. 3732 § 8, 2001; Ord. 5279 § 15, 2014)
A.
Grading Plan Approval Required. No person may perform any grading without first obtaining a grading plan approval as set forth in this chapter, unless exempted in subsection B.
B.
Grading Plan Exemptions. A grading plan is not required for:
1.
Grading authorized as a condition of a separate discretionary approval involving, but not limited to, a subdivision map, conditional use permit, design review permit or a tree permit;
2.
A site which has previously been graded in conformance with an approved grading permit, provided that the proposed excavation or fill does not exceed a depth of three feet from existing grade across the site, that the parcel in which the project is located does not exceed 10 acres and the grading qualifies for an exemption under the California Environmental Quality Act ("CEQA");
3.
Excavation for pools, fish ponds, basements, footings, retaining walls, or demolition of buildings authorized by valid building permit;
4.
Trenching for installation of underground utilities;
5.
Cemetery graves;
6.
Excavation for wells;
7.
Exploratory excavations under direction of a soil engineer or engineering geologist;
8.
Work performed in a public right-of-way or easement for construction or maintenance of public facilities;
9.
Repair, maintenance of, or construction of flood protection projects by the city;
10.
Grading operations resulting in excavations and fills less than two feet deep when the volume is less than 50 cubic yards;
11.
Grading and clearing performed exclusively for agricultural purposes;
12.
Grading associated with an approved wetland mitigation plan;
13.
Clearing of land when the affected area is one acre or less, or clearing for fire protection purposes as provided in Chapter 9.20 of this code;
14.
Other similar operations approved by the director.
An exemption from a major or minor grading plan does not waive the requirement for a grading permit. Prior to any grading activities, a grading permit shall be obtained from the public works department in compliance with the improvement standards, unless the grading activity is specifically exempt from the requirements of a grading permit. |
C.
Types of Grading Plan Approval.
1.
Minor Grading Plan. A minor grading plan may be approved by the community development/planning director for the rough grading of a site and stockpiling of material on a site provided that the grading or stockpiling does not result in any impacts to adjacent parcels, does not have the potential to degrade important natural features (e.g., impacts to more than an acre of wetlands, removal of or damage to native oak trees) and does not include grading on any existing slope in excess of 20 percent. A minor grading plan may be issued for the realignment, channelization, or piping of a drainage channel where it is determined that the 10-year storm event would convey stormwater with a flow of 200 cfs or less assuming full development of the upstream watershed.
2.
Major Grading Plan. A major grading plan is required for the rough grading of a site or stockpiling of material on a site when, as determined by the director, the grading or stockpiling has the potential to cause impacts to adjacent parcels, would degrade important natural features (e.g., impacts to more than one acre of wetlands, removal of or damage to native oak trees, grading on slopes of more than 20 percent), would result in the excavation or placement of fill within any channel or tributary which would convey stormwater with a flow of 200 cfs or more for a 10-year event assuming full development of the upstream watershed or when in the determination of the director the proposed grading required review at a public hearing. All major grading plans shall be reviewed and approved by the planning commission.
(Ord. 3000 § 1, 1996; Ord. 5279 § 15, 2014)
A.
Submittal to Planning Department. Applications for major or minor grading plans shall be submitted to the planning department.
1.
Application Form. The application shall be in a form specified by the director and shall be accompanied by:
a.
The correct filing fee as determined by city council resolution;
b.
A description of the applicant's interest in the property shall be stated on the application form;
c.
A dated signature by the property owner, or owners, authorizing the processing of the application, and, if so desired by the property owner, authorizing a representative to bind the property owner on matters addressed in the application.
2.
Plans. The preparation of plans submitted for a minor or major grading plan may either comply with the requirements for preparation and submittal of plans for issuance of a grading permit as contained in the improvement standards or may be prepared as a preliminary grading plan. major or minor grading plans prepared in compliance with the improvement standard requirements may be used for issuance of a grading permit upon approval by the approving authority and compliance with all conditions. No additional plan check is required for approved plans prepared in compliance with the improvement standards.
Plans prepared as a preliminary grading plan may not be used for issuance of a grading permit and a separate plan check is required upon approving authority approval. The number of copies to be submitted shall be determined by the director. A preliminary grading plan shall include the following information:
a.
All existing and proposed grades (both on site and on adjacent property as it affects proposed grading);
b.
Surrounding street grades;
c.
Label all existing slopes in excess of 10 percent and label the ratio of all proposed slopes;
d.
Method of drainage;
e.
Any natural features, including wetlands, streams, slopes, etc.;
f.
All mitigation areas for wetlands, stream channel realignments, and tree regeneration;
g.
All existing trees with elevations of the tree trunk and identification numbers corresponding to arborist report;
h.
Quantities of cut and fill;
i.
Location of public utility easements and location of existing utilities. Location of utilities to be relocated;
B.
Application Referral. Within five days of application submittal, the director will refer copies of the plans to any city department, local, state or federal agency, or other individual or group, that the director believes may be interested in the project. Comments related to the environmental document for the project shall be accepted and considered during the public review period.
C.
Acceptance of Application. Within 30 days of submittal, the director shall send a letter to the applicant indicating:
1.
Whether the required information for an application has been correctly submitted pursuant to subsection A of this section;
2.
If any further information is necessary to constitute a complete application or to clarify, amplify, correct or supplement the application.
If the director determines additional information is required, and the additional information has not been received within six months of the letter requesting the information, then the application shall be deemed withdrawn.
Within 30 days of accepting a complete application, the director shall determine whether the proposed grading constitutes a major or minor grading plan.
D.
Environmental Review.
1.
Within 30 days of accepting a complete application, the director shall prepare an initial study in compliance with the CEQA. The director shall determine the appropriate environmental document for consideration in conjunction with approval of the grading plan.
2.
The director shall prepare and circulate for public review and comment the appropriate environmental document in accordance with the CEQA. If the grading plan application is exempt from the CEQA, a notice of exemption shall be prepared.
E.
Approving Authority Action. The director shall give notice of a public hearing for a major grading plan in accordance with subsection F, or a notice of the intended approval for a minor grading plan in accordance with subsection G. A written report shall be prepared by the planning department and mailed or delivered to the approving authority and the applicant not less than three days prior to the hearing or intended approval date.
The report prepared for grading plans shall provide an evaluation of the proposed grading with a recommended action including: recommended findings and a recommended environmental determination.
F.
Public Hearing Notice Requirements. Notice of the public hearing shall be given at least 10 days in advance of the hearing as follows:
1.
By publication in a newspaper of general circulation within the city at least once; and
2.
By mailing, U.S. first class postage prepaid, to the applicant, the property owner of the affected property, and to the property owners of all property within 300 feet of the affected property as such owners are shown on the last equalized assessment roll of Placer County.
Each notice of a public hearing shall contain at a minimum:
1.
The names of the applicant and property owner of affected property;
2.
The file number assigned to the application;
3.
The location of the affected property, both in text and graphically in the form of a map;
4.
A description of the nature of the request;
5.
A preliminary environmental determination;
6.
The date, time, and place of the hearing;
7.
Identification of the body before whom the hearing will be held, and a brief description of the process or procedure for submitting comments, including an address for the submission of written comments; and
8.
A notice that if the decision is later challenged in court the challenge may be limited to those issues raised at the hearing or in written comments prior to the hearing.
Written notice shall also be given to any person requesting such notice in writing at least 10 days prior to preparation of the hearing notice of a particular application. The city may impose a fee for the purpose of recovering the cost of such notification.
In addition to these notification procedures, the city may choose to give notice of a public hearing in any other way it deems necessary or desirable.
G.
Notice of Intent to Approve Requirements. Notice of intent to approve a minor grading plan shall be mailed or delivered at least 10 days prior to an action, to the applicant, the property owner, the owners, as shown on the most recent secured assessor's roll, of property within 300 feet of the property involved in the application, and all persons who have requested notice.
Notice of intent to approve a minor grading plan shall include:
1.
Name of the applicant;
2.
The file number assigned to the application;
3.
A general description of the nature of the request;
4.
A preliminary environmental determination;
5.
A general description, in text or diagram, of the location of property, if any, that is subject to the hearing;
6.
The identity of the approving authority as the community development/planning director and the scheduled date for action;
7.
The following statement:
"The purpose of this notice it to inform you that an application for the described project has been submitted to the Roseville planning department. The community Development/Planning director may approve the application without holding a public hearing, unless a public hearing is requested in writing by you or any individual wanting to comment on the project prior to the scheduled approval date.";
8.
Notice that if a decision is challenged in court, the challenge may be limited to raising only those issues which were raised at a public hearing, if a public hearing is requested, or in written correspondence delivered to the planning director at, or prior to, the public hearing; and
9.
A description of the procedure for requesting the scheduling of a public hearing or for filing an appeal.
H.
Approval. The approving authority shall approve, conditionally approve, or deny the proposed application. Approval of a major or minor grading plan does not constitute issuance of grading permit. Prior to any grading activities, a grading permit shall be obtained from the development services department in compliance with the improvement standards and other provisions of this code.
I.
Notice of Decision. Within two working days of the action by the approving authority, a notice of decision shall be mailed to the applicant at the address appearing on the application, or to such other address designated in writing by the applicant. The notice shall contain the following information:
1.
Findings upon which the decision was based;
2.
The environmental document prepared and date ratified;
3.
The action of the approving authority;
4.
Conditions of approval;
5.
Expiration date;
6.
Notice of the appeal period and a brief description of the procedure to file an appeal; and
7.
Notice of need to pursue administrative remedies.
J.
Time Period of Approvals. Major and minor grading plans shall be approved for one year. Within one year from the date of approval or conditional approval, the applicant must obtain approval of a grading permit and initiate grading. If a grading permit has not been issued, or the grading has not been commenced and been pursued with diligence the major or minor grading plan shall be deemed expired without any further action.
K.
Appeal. Any person aggrieved by a decision made pursuant to this chapter may appeal the decision to the city council by filing a written appeal with the city clerk and paying the required fee within 10 days of the decision date. If the 10th day falls upon a weekend or holiday the appeal period shall be extended to the end of the next available working day.
1.
Reason for Appeal. The appellant shall state with specificity the decision being appealed and the grounds upon which the decision is being appealed. The failure of an appellant to specify the grounds of appeal shall constitute a waiver of the right to appeal.
2.
Public Notice. Notice shall be given of the hearing on appeal by the city clerk pursuant to subsection F above.
3.
Time Limits. The hearing on the appeal shall be held within 45 days after its filing.
(Ord. 3000 § 1, 1996; Ord. 3732 § 8, 2001; Ord. 3920 § 1, 2003; Ord. 5279 § 15, 2014)
Approval of grading plans shall be subject to such conditions or requirements as may be necessary to protect the public health, safety, and general welfare, including, but not limited to the following:
A.
Completion of work within a specified period of time;
B.
Hours and days of operation;
C.
Designation and approval of haul routes;
D.
Compliance with tree ordinance;
E.
Mitigation of wetlands;
F.
Rainy season limitations;
G.
Designation of area covered by the permit;
H.
Implementation of general plan EIR mitigation measures;
I.
Compliance with city improvement standards;
J.
Provision of easements for storm water conveyance through open channels;
K.
Approval of appropriate permitting requirements of other agencies; and
L.
And any other conditions determined appropriate by the approving authority.
(Ord. 3000 § 1, 1996)
A grading plan shall comply with the following criteria:
A.
Fill or cut slopes with a height exceeding five feet shall not exceed a slope of 4:1.
B.
When grading around native oak trees:
1.
Cut or fill slopes exceeding two feet in height shall not be permitted within a distance of one and one-half times the radius of the tree's protected zone;
2.
The grade shall not be raised or lowered around more than 50 percent of the protected zone; and
3.
The grading shall not change the drainage pattern within a distance of one and one-half times the radius of the tree's protected zone.
(Ord. 3000 § 1, 1996)
Prior to approving a minor or a major grading plan, the approving authority shall make the following findings:
A.
The grading plan conforms to the requirements of the city's improvement standard and the provisions of Chapter 16.20 of the Roseville Municipal Code.
B.
The grading has been designed to accommodate, and/or mitigation conditions have been imposed to compensate for any potential impacts to any of the natural features of the property or to adjacent properties, and the grading will not result in any increase in water surface elevation in any stream channel located on the property and associated with the grading as approved.
C.
The proposed grading is necessary to allow development of the property consistent with the general plan land use allocation for the property.
(Ord. 3000 § 1, 1996)