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.
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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.
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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)
