(a) 
Permit Required for Grading. No person shall commence or perform grading or install any appurtenant works without first having obtained a grading permit from the city. A grading permit is required for all construction projects that will disturb more than twenty cubic yards of soil, or projects where the building official has determined that a grading permit is necessary. A separate permit may be required for each site. One permit may cover both excavation and any fill made with excavated materials or any necessary borrow and stockpiling. If the applicant is not the legal owner of the site, the applicant must present a letter signed by the legal owner of the property designating the applicant as his agent, and authorizing the city to enter upon the site to make such inspections or take such corrective action as the city deems necessary.
Remedial work for slope repair or construction in-kind, when confined to preexisting lines and grades on developed parcels, does not require concept review but shall observe the provisions of Section 22.10.010.
(b) 
Application Required. Persons desiring to perform grading shall submit an application for a grading permit and shall pay the plan check fee and grading permit fee. The permit application shall be accompanied by information required by the community development department director, including any necessary information to determine what systems are necessary, if any, to comply with the water quality requirements.
Applications for which no permit is issued within one year following the date of application shall expire by limitation and plans submitted for checking may thereafter be returned to the applicant or destroyed by the city. In order to renew action for an application after expiration, the applicant shall resubmit plans and any required supporting documentation and shall pay a new plan check fee.
(c) 
Grading Discretionary. Unless otherwise exempted under subsection (e) of this section, the review of a grading project is a discretionary activity subject to Section 22.08.010(b) and subsections (a), (b) and (c) of this section and is subject to environmental documents procedures. Once concept approval of grading plans has been secured, the issuance of a grading permit by city staff is a ministerial activity provided that any rough and precise grading plans authorized under such permit are in substantial compliance with the approved concept plans.
(d) 
Dumping Prohibited. Spoil dirt or any other material from excavations for cesspools, swimming pools, building foundations or from any other source shall not be dumped or placed in an uncontrolled or unpermitted manner on any public or private property within the city.
(e) 
Exceptions. A grading permit shall not be required for any of the following conditions, but in all other respects the provisions of this title shall apply:
(1) 
An excavation below finished grade for footings or walls of a building contiguous to and within the natural terrain, if authorized by a valid building permit. This excavation shall not affect the applicability of this title to, nor the requirements of a grading permit for, any fill made with material from such excavation;
(2) 
An excavation for a swimming pool if authorized by a valid building permit or valid swimming pool permit;
(3) 
For purposes of landscaping developed lots, fills of less than twenty cubic yards which do not obstruct a drainage course and are not intended for structural support and which are placed over an existing ground sloping not more than four feet horizontal to one foot vertical and not exceeding three foot maximum height above the preexisting ground surface with side slopes conforming to the requirements of this code and not extending within two feet of any adjoining property line;
(4) 
For purposes of landscaping developed lots, excavation of less than twenty cubic yards and not exceeding three feet in maximum depth with slopes conforming to the requirements of this code, with top of cut slope not extending within two feet of any adjoining lot or parcel;
(5) 
Where the applicant can demonstrate that time is of the essence, a grading permit may be issued by the director of community development prior to concept plan approval for emergency work as necessary to protect life, limb or property or to maintain the safety, use or stability of a public way or drainage way provided, however, that a concept application shall be filed and processed in accordance with this chapter as soon as is practical. An emergency permit may be issued administratively only upon the presentation of competent geotechnical opinion attesting to the urgency of the necessary work.
Approval in such cases shall be conditioned on satisfactory assurance, either by sufficient cash deposit or bond in a form satisfactory to the city, that in the event final design approval is not obtained, the site shall be returned to its original condition or to a modified condition satisfactory to the city.
(f) 
Prior to the issuance of a grading permit, the final project erosion and sediment control plan shall be approved by the city.
(g) 
Before issuance of a grading permit, projects subject to the state water resources control board "general construction permit" are required to provide the city with proof of coverage under the general permit program.
(Ord. 1237 § 1, 1992; Ord. 1422 § 2, 2003; Ord. 1442 § 2, 2004)