(a)
Plans and Specifications. Following project concept approval, two additional sets of plans and specifications shall be submitted. Except as waived by the city engineer or building official on minor work, the plans shall be twenty-four by thirty-six inches in size and to a form as approved by the city. The plans shall be prepared and signed by a civil engineer and shall contain the following items plus any additional material which the city deems necessary to show conformance of the proposed grading with the requirements of this section and other related ordinances, including Chapter 70 of the Uniform Building Code, latest edition. They shall contain the following information:
(1)
All material required under Section 22.12.010, modified as necessary to reflect any changes required for project approval;
(2)
Proposed disposal or stockpile area for any excavated materials;
(3)
Detailed plans and landscape drawings prepared by an architect, landscape architect or a civil engineer showing all drainage devices, retaining walls, cribbing or other protective devices to be constructed in connection with or as a part of the proposed grading work;
(4)
Evidence of a building permit for all retaining walls or crib walls at the time a grading permit is issued;
(5)
Evidence of approved plans and a building permit, at the time a grading permit is issued, for shoring devices when work may expose adjoining properties to a loss of subjacent and/or lateral support;
(6)
Detailed erosion and sediment control plans prepared by a civil engineer that shows all the best management practices (BMPs) that will be implemented during all phases of the construction project.
(7)
Any supplemental plans, drawings, or calculations required by the city.
Exception. Plans for trenching or backfill of trenches for sewer, water, storm drainage, oil, gas or utility pipes, ducts or services as defined under "grading" or minor work shall not require all of the above listed data, but shall be engineered drawings, and shall include specifications for stabilizing trench backfill and adjacent disturbed areas to prevent soil erosion and storm damage to public or private property.
(8)
Final plans shall include the grading, erosion control and water quality plan notes.
(b)
Plan Checking Fees. Before accepting a set of plans and specifications for checking, the plan checking fee shall be paid. The plan checking fee shall be based on charges to be determined by resolution of the city council revised periodically to defray the cost of plan checking.
(c)
Grading Permit Fee. A fee for each grading permit shall be paid to the city. The grading permit fee shall be based on charges to be determined by resolution of the city council revised periodically to defray the cost of permit issuance and inspection of the work.
(d)
Permission to Haul Over City Streets. If the proposed grading requires hauling of soil, rock or debris over city streets, the application for a grading permit shall show:
(1)
Name and license of contractor who will be in charge or control of the trucks or equipment to be used in hauling;
(2)
Number, type and capacity of trucks to perform the hauling;
(3)
Proposed route from grading site to dump site or borrow area;
(4)
Quantity of materials to be hauled per day (cubic yards).
(e)
Engineering Geological and Soils Engineering Reports. In all cases of grading for subdivisions and in any other grading work where deemed necessary by the city, the owner or subdivider shall retain a qualified firm of engineering geologists and soils engineers, experienced in hillside engineering, to conduct a detailed and comprehensive geological and soils investigation of the entire site, based on the most recent grading plan. The engineering geologic 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 as well as the recommended corrective measures to be incorporated in the grading plan. The soil engineer's report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, recommended factors of safety for all fills and design criteria for corrective measures. Any recommended deviations from the minimum design criteria of this title must be explained in detail in the report. The soils engineering and engineering geologic reports may be combined if the investigation is conducted by one firm of qualified soils engineers and engineering geologists. Recommendations included in the report and approved by the city shall be incorporated in the final grading plans and specifications.
Reports shall comply with the technical guidelines for soil and geology reports published by the county of Orange.
(f)
City May Retain Consultant. If, based upon experience, knowledge, significant controversy, disagreement among experts or similar circumstances, the city determines that there is cause to question the conclusions contained in any engineering geological or soils engineering report, civil engineering design and reports, landscape plans or similar reports and work products, a qualified professional consultant may be retained by the city at the applicant's expense for the purpose of evaluating said report generally in accordance with the provisions of Chapter 14.78 of this code.
(g)
Permit Issuance.
(1)
No permit shall be granted until all of the required data has been submitted for the application, the city has approved the plans, and all required fees have been paid.
(2)
No permit shall be granted until a copy of the State Water Resources Control Board "general construction permit" notice of intent and storm water pollution prevention plan is submitted to the city.
(3)
The city may require plans and specifications to be modified in order to make them consistent with Laguna Beach general plan, specific plans, zoning code, water quality requirements or other rules, regulations or conditions applicable to the project. The city may deny the grading permit, if the proposed project cannot be designed in accordance with these rules, regulations or conditions.
Except as provided in Section 22.10.010, no permit shall be granted until the applicant has obtained approval of all legislative requirements, including but not limited to zoning (including any required findings by the design review board, planning commission or the city council), use permit, coastal development permit, tentative map and/or building or site plan review where required. The environmental documents shall be considered in the granting of a permit and conditions may be imposed by the city to minimize, mitigate or monitor any negative environmental effects associated with the project.
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 approved grading plans and specifications.
(h)
Jurisdiction of Other Agencies. Permits issued under the requirements of this chapter shall not relieve the permittee of responsibility for securing required permits for work to be done which is regulated by any other code, division or department of the city or other public agency which may have jurisdiction.
(i)
Time Limit and Extension of Permit. Each grading permit shall be valid for a period of six months from the date of issuance and no person shall:
(1)
Commence work thereunder after a grading permit has expired, or
(2)
After having commenced work thereunder, neglect, refuse or fail to complete such work prior to the expiration of the permit, unless the city, upon application from permittee, renews the permit and extends the time for completion. Such renewal shall be discretionary and shall be subject to the provisions of this section.
(j)
A permit issued hereunder shall expire upon a change of ownership if the grading work thereon, for which the permit was issued, has not been completed and a new permit shall be required for the completion of the work. If the time limitations of this subsection are not applicable, if no changes have been made to the approved plans and specifications, and if the work has progressed satisfactorily, no charge shall be made for the reissuance of the new permit under such circumstances.
(k)
Storm Damage Precautions. The permittee or contractor performing grading shall put into effect such reasonable safety precautions as the removal of loose material from the grading site and the provision of adequate antierosion devices, temporary drainage devices, or other temporary drainage devices as required by the city to protect the life, limb, health and welfare of the public and to prevent flood damage to public and private property and the deposition of mud and debris in public streets and storm drains.
(l)
Water Quality Requirements. The city shall not issue any permit, waiver, modification or exemption pursuant to this title unless the city finds that the work authorized by the permit, waiver, modification or exemption complies with applicable water quality requirements.
(m)
Conditions of Approval. In granting any permit under this title, the city may attach such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property and to assure the satisfactory and timely completion of grading. Such conditions may include, but shall not be limited to the following:
(1)
Improvement of any existing earth materials and previous grading within the area of a new grading permit to bring the area up to the standards of this title and Chapter 70 of the Uniform Building Code;
(2)
Requirements for fencing of excavations or fills which could otherwise be hazardous;
(3)
Grading work shall be limited to the hours of eight a.m. to four p.m., Monday through Friday. Hauling of grading materials on streets in the city shall be limited to the hours of nine a.m. to three p.m., Monday through Friday. No work shall be permitted on city holidays. Permittee must obtain written approval of the city to work or operate equipment at any other time;
(4)
The building official or city engineer may require that grading operations and project designs be modified if delays occur which incur weather-generated problems not considered at the time the permit was issued.
(n)
Cancellation or Suspension of Permit. When permittee fails to comply with the provisions of this chapter or fails to adhere to approved grading plans and specifications, or makes modifications without written approval of the city, or upon receiving proper notice from the city of any hazardous condition, fails to correct such hazardous condition in a reasonably diligent and prompt manner, the city may cancel the grading permit by written notice. Upon receiving such notice stating that the grading permit is canceled or suspended, permittee shall immediately stop all work as directed.
(o)
Liability. Neither the issuance of a permit under the provisions of this chapter, nor the compliance with the provisions hereof or with the 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 or its officials or agents, for damage to other persons or property.
(p)
Hazardous Grading. The city shall not issue a permit in any case where it has determined that the work as proposed by the applicant is likely to adversely impact any private property or result in the deposition of debris, mud, sand or rocks on any public ways or private property, or to interfere with any existing drainage course. If it can be shown to the satisfaction of the city that the foreseeable hazard can be eliminated by the construction of retaining structures, buttress fills, drainage devices or by other means, the city may issue the permit with the condition that such work be performed. In such case, all required preventive work shall be designed and shown in detail on approved grading plans.
(q)
Modification of Approved Plans. All modifications to the approved grading plans must be approved by the city. All necessary soils and geological reports shall be submitted with the revised plans. No grading work in connection with the proposed modifications shall be done without the approval of the city. Modifications which are substantially inconsistent with the approved concept plans require discretionary review.
(r)
Pre-Grade Site Meeting. After grading and building permit issuance and prior to the start of grading, the project general contractor and appropriate project members shall meet with the city at the site to discuss the proposed grading plan, limits of construction and the erosion and sediment control measures and, if applicable the "general construction permit" requirements.
(Ord. 1237 § 1, 1992; Ord. 1422 § 2, 2003; Ord. 1442 § 2, 2004; Ord. 1515 § 2, 2009)