A.
Except as exempted in Section 11.40.105, it is unlawful for any person to do any grading or allow any grading on their property unless the person or owner has a valid grading permit issued by the City Engineer authorizing such grading.
B.
An
owner is presumed to have allowed grading which has been done on property
occupied by him/her or is under his or her dominion and control. This
presumption is a presumption affecting the burden of producing evidence.
C.
A separate
grading permit is required for each legal parcel, noncontiguous site,
development, or each separate subdivision final map for which grading
is to be performed.
D.
A grading
permit is required for all grading done for the growing of agricultural
plants or raising agricultural animals.
E.
A grading
permit is required for the construction of any retaining wall on or
within five feet of any property line.
(Ord. 564 § 3, 2019; Ord. 612 § 2, 2023)
The following grading activities are exempt from the requirement
to obtain a grading permit under the provisions of this chapter:
A.
Depositing
materials in any disposal area operated by or licensed by the City
or the County.
B.
Grading
which meets all of the following limitations:
1.
Is
on a single legal lot or contiguous ownership;
2.
Involves
the movement of not more than 200 cubic yards of earth;
3.
The
cut in the cut area and/or the fill in the fill area, at their deepest
points, do not exceed a depth of five feet in vertical depth measured
from the original ground;
4.
The
fill is not intended to support structures;
5.
The
finished cut and/or fill slopes are not steeper than two horizontal
to one vertical (2:1);
6.
The
finished grading does not alter the drainage patterns either upstream
or downstream from the grading;
7.
None
of the fill is placed on existing ground having a slope steeper than
five horizontal to one vertical (5:1), which is a 20% slope;
8.
None
of the grading is closer than five feet to adjacent parcel; and
9.
The
finished slopes are protected from erosion and the downstream properties
are protected from siltation resulting from the grading.
C.
Any
of the following, if authorized by a valid building permit approved
and issued by the Planning Director and provided that any embankment
constructed with the excess material from the excavation is disposed
of under an approved grading permit or on site without creating embankments
more than five feet in unsupported height:
D.
When
approved by the City Engineer, exploratory excavations under the direction
of a soil engineer, archaeologist, paleontologist or engineering geologist.
Such excavations must be properly backfilled and compacted or otherwise
restored to the satisfaction of the City Engineer. No stockpiling
greater than needed for exploration will be permitted, No trucking,
general placement or removal of rock or soil shall be allowed during
exploratory excavations.
E.
When
approved by the City Engineer, excavation for the sole purpose of
recompaction as specified or recommended by an approved soils report.
F.
Grading
for which inspection is provided by the City and which is done by
a developer or contractor pursuant to City-approved improvement plans
within public rights-of-way and adjacent slope rights areas independent
of adjacent land development work, or grading done pursuant to a permit
for excavation in public streets.
G.
Except
as provided in the following subsections, clearing and brushing when
directed by the Fire Chief to mitigate a fire hazard, with the concurrence
of the Planning Director that such clearing and brushing will not
cause significant damage to any rare, endangered or protected species
of plant or wildlife or cause any significant damage to any habitat
of any rare, endangered or protected species of wildlife. The exemptions
in this section do not apply to clearing, grubbing, brushing or grading
when:
1.
Grading
will occur in or physically impact designated or dedicated open space
or environmentally sensitive areas designated in the General Plan
or shown on any approved specific plan;
2.
Grading
will occur in any waterway or wetland, stream, river, channel, pond,
lake, marsh, bog, lagoon, vernal pool or riparian habitat;
3.
Grading
will occur in any floodway or floodplain as shown on the San Diego
County floodplain maps or on City revised maps;
4.
Grading
will occur in any officially mapped area in high geologic risk zone
(Zone "C" and "D") as defined by the geotechnical/seismic
study for the General Plan;
5.
Grading
will occur in the hillside overlay district; or
6.
Grading
will occur in any other sensitive areas such as archaeological sites,
historical sites or burial grounds.
H.
Paving
related activity disturbing less than 5,000 square feet.
(Ord. 564 § 3, 2019; Ord. 612 § 2, 2023)
A.
The
owner, or owner's authorized agent, of any property that requires
a grading permit under this chapter must sign and submit a grading
permit application on a form approved by the City Engineer.
B.
A separate
grading permit application is required for each grading permit.
C.
A complete
grading permit must include following items, unless otherwise waived
or specified by the City Engineer, or this chapter:
4.
Landscape and irrigation plans (may be submitted with the second plan check submittal) pursuant to Section 11.40.135;
6.
Drainage
study;
7.
Haul
route, including source of borrow or disposal;
10.
Deposit for independent third party review of soil report, if required, pursuant to Section 11.40.225;
11.
Inspection fees (may be paid at any time prior to issuance of permit) pursuant to Section 11.40.230;
12.
Proof of legal lot (may be waived by the City Engineer if grading
is pursuant to an approved tentative map or zoning permit);
13.
Computer graphics of existing and graded conditions, and/or other
displays;
14.
Plans, specifications and other supplemental data, as specified in
this chapter, the design and development manual and the subdivision
ordinance.
D.
A complete
grading permit application must be submitted for City review and approval
along with the following items:
1.
Paving
related activity disturbing more than 5,000 square feet requires a
paving plan demonstrating the proposed paving will not alter the existing
drainage conditions of the site, redirect drainage onto another property
where it did not previously occur, or will comply with all City requirements
related to alterations of drainage conditions. All paving operations
that will include the installation of new pavement, the removal and
replacement of existing pavement or a combination of the two totaling
more than 5,000 square feet require prior approval of a grading site
plan that shows existing and proposed drainage paths and compliance
with the City of Santee BMP design manual.
2.
Grading
plans.
3.
Stormwater
intake form.
4.
Priority
development or standard development stormwater quality management
plan (as determined by completing the stormwater intake form).
5.
Schedule
for work.
6.
Best
management practices plan sheet.
7.
Engineer's
estimate.
E.
The City Engineer may require additional data or information, eliminate, or modify any of the above requirements, including those items in Section 11.40.115.
F.
Any
change in application requirements or applicable fees that is effective
before a grading permit is issued applies to any pending application
for a grading permit under the following conditions:
1.
A
change of policy or direction by the City Council;
2.
A
change in the applicable laws, including the grading ordinance or
fee schedule approved by the City Council;
3.
Discovery
that the plans, application, or fees violate or do not meet existing
laws, ordinances, or policies or conform to the requirements of other
permits or approvals, such as zoning permits or subdivision maps;
4.
Discovery
of any design defect, soil or geologic hazard, or any other fact or
item which, if left unchanged, could cause damage, harm or hazard
to public or private properties, or to life, limb or the general public's
safety or welfare.
|
If, as a result of discoveries described in subdivisions 3 and
4 of this subsection, changes are directed, the application expiration
date will be extended for 30 days, or for such other time as the City
Engineer grants to accomplish all required changes.
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G.
The
time limits set out in this section apply to all grading plans and
applications.
(Ord. 564 § 3, 2019; Ord. 612 § 2, 2023)
In addition to the application requirements of Section 11.40.110, the City Engineer may require submission of any or all of the following items as part of a grading permit application:
A.
Special
erosion control plans, including landscape and irrigation plans, erosion
and sediment control plans, and stormwater pollution prevention plans;
B.
Hydrology
and hydraulic reports;
C.
Application
for environmental initial study (AEIS);
D.
Geotechnical
reports on seismicity and geology;
E.
Letters
of permission from adjacent owners or easement holders to grade off-site
or on easements;
F.
Right
of entry;
G.
Waiver
and release to divert or concentrate drainage affecting downstream
off-site property;
H.
Easement
and flowage rights documents.
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Recommendations included in such reports and plans accepted
by the City Engineer become part of and are incorporated into the
grading plan, landscape and irrigation plan and the land development
specifications.
|
(Ord. 564 § 3, 2019)
A.
Grading
and paving plans required by this chapter must be prepared and submitted
with the grading permit application in accordance with the design
and development standards approved by the City Engineer and available
from the Department.
B.
All
grading and paving plans must be signed by a registered civil engineer
and by the soil engineer. The City Engineer may waive this requirement
when the proposed grading or paving is on a single lot or parcel not
proposed for further subdivision and, in the opinion of the City Engineer,
the proposed grading entails no hazard to any adjacent property, does
not necessitate construction of extensive drainage structures or erosion
control facilities, and does not interfere in any way with existing
natural or improved drainage courses or channels.
C.
In
addition to any other grounds for stopping work provided by law or
set forth in this code, the City Engineer may stop work and require
amendment or change of approved grading, paving, erosion control or
landscape and irrigation plans for any of the following reasons:
1.
Extension
or renewal of the grading permits;
2.
Changes
have been made in the actual work which are not reflected on the approved
plans;
3.
The
scope or quantity of grading or paving has been changed;
4.
Construction,
traffic, drainage, soil, geologic, public safety or environmental
problems not considered, known, or evident at the time of permit issuance
or plan approval become evident.
(Ord. 564 § 3, 2019; Ord. 612 § 2, 2023)
Each separate plot plan required by this chapter must show the
location of the land development boundaries, lot lines, public and
private rights-of-way lines, and precise grading information required
by the City's design and development standards. A print of the
approved tentative map or tentative parcel map showing the required
information may be submitted in lieu of a plot plan.
(Ord. 564 § 3, 2019)
A.
Three
copies of a preliminary soils engineering report required by this
chapter must be submitted with the application for a grading permit.
Each soil engineering report must be prepared by a soil engineer and
contain all information applicable to the project in accordance with
generally accepted geotechnical engineering practice. The preliminary
soil engineering report must include the following, at a minimum:
1.
Information
and data regarding the nature, distribution, and the physical and
chemical properties of existing soils;
2.
Location
of faults as defined by a registered geologist or certified engineering
geologist;
3.
Conclusions
as to the adequacy of the site for the proposed grading;
4.
Recommendations
for general and corrective grading procedures;
5.
Foundation
design criteria;
6.
Slope
gradient, height and benching, or terracing recommendations;
7.
The
potential for groundwater and seepage conditions and procedures for
mitigation of the groundwater-related problems;
8.
For
all slopes in the Friars Formation, regardless of the slope ratio,
a slope stability analyses and a written statement indicating acceptable
slope stability;
9.
Other
recommendations, as necessary, commensurate with the project grading
and development.
B.
The
soil engineer and engineering geologist should refer to Safety Element
of the Santee General Plan and any modification, amendment, or reissuance
in preparing the reports required by this section.
C.
Recommendations
contained in the approved reports become part of and are incorporated
into the grading plans and specifications and become conditions of
the grading permit.
D.
Preliminary
geological investigations and reports are required for all land development
projects designated as Group IV or Group III, except those Group III
projects located in Zone "A" as per the Seismic Hazards
and Study Areas Map (for which a geological reconnaissance will be
required), as outlined in Table 8.1 of the City General Plan. This
requirement may be extended to adjacent properties where known or
reasonably inferred instability may adversely affect the property.
The preliminary geological investigation report must include the following
at a minimum:
1.
A
comprehensive description of the site topography and geology including,
where necessary, a geology map;
2.
A
statement as to the adequacy of the proposed development from an engineering
geologic standpoint;
3.
A
statement as to the extent that known or reasonably inferred stability
on adjacent properties may adversely affect the project;
4.
A
description of the field investigation and findings;
5.
Conclusions
regarding the effects geologic conditions will have on the proposed
development;
6.
Specific
recommendations for plan modification, corrective grading and/or special
techniques and systems to facilitate a safe and stable development;
7.
Provide
other recommendations, as necessary, commensurate with the project
grading and development.
E.
The
preliminary geological investigation report may be combined with the
preliminary soils engineering report.
F.
A seismicity
study and report is required for all land development projects designated
as Group IV and for those designated as Group III and located in Zones
"C" and "D" as per the Seismic Hazards and
Study Areas Map of the City General Plan. The report must be prepared
by an engineering geologist or a soil engineer with expertise in earthquake
technology and its application to buildings and other civil engineering
works. The seismic report may be combined with the soil and geologic
investigation reports.
(Ord. 564 § 3, 2019; Ord. 612 § 2, 2023)
A.
Landscaping
and irrigation facilities are required for all public interest slopes,
all graded slopes higher than three feet, and all graded areas determined
by the City Engineer to be susceptible to erosion within all residential,
commercial and industrial development, subdivisions, borrow areas,
disposal areas, and other graded areas. The City Engineer may waive
or amend this requirement, if such waiver or amendment does not conflict
with a subdivision or zoning permit. Landscape and irrigation plans
and specifications must maximize the use of drought resistant plants
and provide for water conservation measures throughout the planting,
irrigation and maintenance plans and specifications.
B.
The
landscape and irrigation plan required by this chapter must be prepared
and signed by a landscape architect, unless this requirement is waived
by the City Engineer, if such waiver or amendment would not be in
conflict with a subdivision or zoning permit. The required landscape
and irrigation plan must be submitted with the second check of the
grading plans and is subject to the review and approval of the City
Engineer.
C.
The
landscape and irrigation plan must conform to the City's design
and development standards and be presented on a duplicate mylar of
the grading plans and include specifications for preparing existing
soils or applying topsoil amendments to the slopes to encourage vigorous
growth.
(Ord. 564 § 3, 2019)
When required by Chapter 9.06 or when the City Engineer determines that an erosion control system is required on a site, an applicant for a grading permit must submit plans for an erosion control system in accordance with the City's design and development standards and submitted for the review and approval of the City Engineer. The approved erosion control plans become part of the grading plans and a condition of issuance of the grading permit.
(Ord. 564 § 3, 2019)
When the nature of work proposed in a grading permit application
falls within the requirements of, or affects the operation of, multiple
City departments, the recommendations of those departments should
be considered in determining the disposition of the application. The
ultimate determination shall be made by the City Engineer.
(Ord. 564 § 3, 2019; Ord. 612 § 2, 2023)
A.
Before
a building permit can be issued for land development work incidental
to or in connection with the construction of a building or structure,
the property owner must complete the following:
B.
The
City Engineer may require a field inspection of the completed grade
with representatives of appropriate City departments, the permittee,
civil engineer, and soil engineer before the issuance of a building
permit.
C.
The
Planning Director will not certify the completion of the building
where land development work has been done until a grading permit is
obtained and certified as complete.
(Ord. 564 § 3, 2019)
Grading of a subdivision is not permitted prior to approval of the final map unless specifically approved as a condition of the tentative map. If early subdivision grading is approved as a condition of the tentative map, the subdivider must obtain a grading permit pursuant to the requirements of this chapter; provided that the application for a grading permit must be accompanied by detailed plans and specifications based upon the approved tentative map in conformity with the provisions of Sections 11.40.110 through 11.40.140 of this chapter, and by a schedule and estimate based upon the plans and specifications.
(Ord. 564 § 3, 2019)
A.
Except
as otherwise provided in this chapter, every application for a grading
permit is subject to environmental review by the Planning Director
to determine whether the grading, if carried out as proposed, could
have a significant impact on the environment. If the Director determines
that the grading may have a significant impact on the environment,
the Director may require the applicant to prepare environmental studies
or an initial study.
B.
The environmental review required by subsection A is not required if any of the following conditions are met:
1.
The
City Council, Planning Commission, or City officer having final authority
for project approval, has approved a negative declaration or certified
an environmental impact report which considered the proposed grading
or has determined that the project which included the proposed grading,
would not have a significant effect upon the environment; or
2.
The proposed grading is on land which at no point has a slope steeper than 10%, and the average cut in the cut area does not exceed five feet, and there is no cut in excess of 10 feet (for purposes of the 10-foot requirement, the cut or fill measurement must be taken vertically at the deepest point of the cut or fill to the natural ground surface), unless the conditions identified in subsection B of this section apply.
C.
Subdivisions 1 and 2 of subsection B notwithstanding, if, in the opinion of the City Engineer or the Planning Director, there are unusual conditions with respect to the property for which an application is filed which renders an environmental review desirable or necessary, the City Engineer will refer the application to the Planning Director for the determination. Such unusual conditions include, but are not limited to, grading activity on land included in:
1.
Watercourses;
2.
Wetlands;
3.
Scenic
corridor zones or other areas officially designated by the Federal
government, State governments, or the City General Plan as scenic
areas;
4.
Areas
of severe geologic hazard as identified in the General Plan;
5.
Riparian
habitats;
6.
Hillside
areas as defined in the hillside overlay district shown on the City
zoning map;
7.
Areas
with significant cultural resources as identified in the General Plan;
8.
Areas
containing significant biological resources as identified in the General
Plan.
(Ord. 564 § 3, 2019)
Prior to receiving a grading permit, the owner of the site to
be graded and the contractor, if any, must grant the City a right
of entry into the site to inspect and to correct grading not performed
in compliance with the terms and conditions of the permit. The owner
and the contractor must also agree to indemnify the City for any claims
or damages which may result from the City's entry onto the property
including from any corrective action taken pursuant to such right
of entry. The right of entry and indemnification required by this
section must be in a form approved by the City Attorney.
(Ord. 564 § 3, 2019)
A.
Except as provided in subsection B, it is unlawful, and no grading permit may be issued, for any person to grade on natural grades or slopes that exceed 25% gradient through a vertical rise of more than 25 feet, unless specifically approved by the City Council.
B.
The following are exempt from the prohibition in subsection A of this section:
1.
The
movement of earth for small projects such as custom lots, individual
building foundations, and driveways approved by the Planning Director;
2.
The
movement of earth for local roads or trenches to mitigate a geologic
hazard to adjacent property; and
3.
The
movement of earth necessary for the construction of access or fire
roads, as approved by the City Engineer.
(Ord. 564 § 3, 2019)
A.
Except
for temporary stockpiles that have been permitted by the prior written
approval of the City Engineer, all nonstructural (uncompacted) fills
are prohibited unless specifically authorized by the City Engineer
and Planning Director.
B.
Applications
for grading permits involving nonstructural fills must be accompanied
by an agreement for development of nonstructural fills signed by the
property owner and containing the following provisions:
1.
The
development work must be designated as nonstructural fill and must
be constructed in accordance with grading plans approved by the City
Engineer;
2.
The owner acknowledges that as a nonstructural fill, the site is not eligible for a building permit until, subject to the review and approval of the City Engineer, a soils investigation report, additional geotechnical reports in accordance with Section 11.40.130, and any other pertinent information as deemed necessary by the City Engineer, have been submitted and approved by the City;
3.
The
land development work must be done and maintained in a safe, sanitary
and nonnuisance condition at the sole cost, risk and responsibility
of the owner and the owner's successors in interest, who must
hold the City harmless with respect thereto;
4.
Other
provisions that, in the opinion of the City Attorney and the City
Engineer, afford protection to the property owner and the City.
C.
The
agreement for nonstructural fills must be presented to the City Council
for approval, and if approved, the agreement or notice of the agreement
must be recorded in the office of the County Recorder. The notice
must remain in effect until release of the agreement is filed by the
City Engineer. If the County Recorder refuses to record notice of
the agreement against the property, such agreement becomes void.
(Ord. 564 § 3, 2019; Ord. 612 § 2, 2023)
When borrow or waste material is to be removed from or deposited
on a land development site, no grading permit for the land development
site will be issued unless a zoning permit has been issued for the
operation of a borrow pit on the borrow pit site, a legally nonconforming
borrow pit is being operated on the borrow site, or the removal comes
within one or more of the following exceptions:
A.
Where
such removal is to complete, within one year after beginning such
removal, the grading of land in accordance with a grading plan for
any of the following, provided that the grading plan has been approved
by the City Engineer as being reasonably necessary and incidental
to the development and improvement of the premises, building or structure:
1.
For
a subdivision of such land established by the filing of a final subdivision
map,
2.
For
the division of such land created pursuant to a parcel map filed in
accordance with Title 12 of this code,
3.
For
the preparation of a site for a building or structure,
4.
A
grading plan approved by the Planning Director and City Engineer as
being reasonably necessary and incidental to the use of the premises
in accordance with a zoning permit issued pursuant to Title 13 of
this code;
B.
Where such removal is incidental to the operation of a mine authorized pursuant to Article 6 of this chapter;
C.
Where
such removal does not exceed 500 cubic yards;
D.
Where
the City Engineer and Planning Director concur that the proposed grading
is reasonably necessary to provide material exclusively for a specific
City project authorized by the City Council; or
E.
Where
such removal is necessary to repair flood damage in accordance with
an emergency watercourse permit issued by the Director.
(Ord. 564 § 3, 2019)
A.
Prior
to issuance of a grading permit for land development activities that
involve installation of improvements to public or private watercourses
or otherwise impact such watercourses, the applicant must satisfy
the following:
1.
For
all public watercourses, the applicant must grant or cause to be granted
to the City a drainage easement in accordance with the design and
development standards;
2.
For
all private watercourses where the continuous functioning of the drainageway
is essential to the protection and use of multiple properties, the
applicant must:
B.
Prior
to issuance of a grading permit for land development activities that
do not involve installation of improvements to public or private watercourses,
but which, in the opinion of the City Engineer, must be kept open
and clear for natural stormwater runoff, the applicant must grant
a flowage easement to the City on a form approved by the City Attorney.
(Ord. 564 § 3, 2019)
Except as otherwise provided in this chapter, any grading permit
application for which a valid grading permit has not been issued expires
180 days after the City receives the application, at which time the
application and plans, whether or not the grading plans have been
approved and signed by the City Engineer, are invalid.
(Ord. 564 § 3, 2019)
The City Engineer is authorized to issue grading permits for
land development work that complies with the requirements of this
chapter. A grading permit includes the conditions, plans and specifications
set forth in any plans or other documents required by this chapter.
(Ord. 564 § 3, 2019)
The City Engineer is not authorized to issue a grading permit
in the following cases:
A.
Hazardous
Grading. The City Engineer is not authorized to issue a grading permit
in any case where the City Engineer finds or infers that the work
proposed by the applicant will:
1.
Damage
any private or public property; or
2.
Expose
any property to landslide or geologic hazard; or
3.
Adversely
interfere with existing drainage courses or patterns; or
4.
Cause
erosion which could result in the depositing of mud, silt or debris
on any public or private street or way; or
5.
Create
any hazard to person or property.
B.
Geological
Hazard. The City Engineer is not authorized to issue a grading permit
if, in the opinion of the City Engineer, the land area for which grading
is proposed is subject to geological hazard and no reasonable amount
of corrective work can eliminate or sufficiently reduce the hazard
to person or property.
C.
Flood
Hazard. The City Engineer is not authorized to issue a grading permit
if, in the opinion of the City Engineer, the proposed grading would
adversely affect the flow of runoff or would alter runoff to the detriment
of upstream, downstream or adjacent properties.
D.
Subdivision
or Zoning Permits. The City Engineer is not authorized to issue a
grading permit if the purpose of the proposed grading, as stated in
the application or as determined by the City Engineer and Planning
Director, is to prepare the land for subdivision or for some use for
which a zoning permit is required, unless and until a subdivision
map or a zoning permit has been approved or conditionally approved,
and the subdivision map or zoning permit is not threatened with expiration.
E.
Other
Reasons. The City Engineer is not authorized to issue a grading permit
in the following cases:
1.
If
the City Council prohibits issuance of a grading permit;
2.
If
prohibited a duly enacted moratorium, court order, injunction, or
other legal order;
3.
If
the applicant or owner has failed to comply with the provisions of
this code;
4.
If
the work proposed is not consistent with any element of the City General
Plan, any specific plan, land use ordinance or regulation, zoning
ordinance regulation or permit, or subdivision map;
5.
If
the application proposes land development which is not in the interest
of the public health, safety, or general welfare; or
6.
If
the application proposes land development which does not constitute
a reasonable use of land as indicated by the existing zoning or an
approved land use plan.
(Ord. 564 § 3, 2019)
An applicant may appeal the City Engineer's denial of, or the conditions of approval of, an application for a grading permit to the City Council in accordance with Chapter 1.14. In addition, the Planning Director must notify the owners of record, interested persons signing the appeal, and owners of adjacent land identified by the City Engineer as being affected by the proposed grading.
(Ord. 564 § 3, 2019)
A.
Validity.
Unless a grading permit is canceled or expires by limitations as set
forth in this section, a grading permit expires on the date specified
on the permit, which date may be a maximum of one year after the date
of issuance. All work authorized in a grading permit must be completed
before the grading permit expires.
B.
Expiration
by Limitation. Grading permits expire by limitation and become null
and void if the work authorized by the permit is not commenced and
diligently pursued within 180 days after the date of permit issuance,
or if work authorized by the permit is stopped, suspended or abandoned
for a period of 180 days. For purposes of this section, work authorized
by a grading permit is "diligently pursued" when it is
of a magnitude, frequency, or complexity as to require the regular
services of the permittee's soil engineer and/or civil engineer
or other professionals, and is inspected at regular intervals by the
City.
C.
Extensions.
A permittee may submit a written request, prior to expiration of a
grading permit, for an extension of the expiration date of a grading
permit. On receipt of a timely request, the City Engineer is authorized
to extend the expiration date of a grading permit, as follows:
1.
The
City Engineer may extend the period in which the permittee must complete
the work authorized by the grading permit for up to one year if the
authorized work is timely commenced and diligently pursued but is
not completed within the permit period;
2.
The
City Engineer may extend the period in which the permittee must commence
and diligently pursue work, for 180 days, provided the permittee demonstrates
that circumstances beyond the permittee's control prevent commencement
of the approved work.
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If work is not commenced, diligently pursued, or completed,
within the extension period specified in this section, then the permit
expires and is null and void.
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D.
Cancellation.
The City Engineer may cancel a permit or may require the plans to
be amended in the interest of public health, safety and welfare or
under any of the following conditions:
1.
Upon
the request of the permittee;
2.
When
the facts are not as presented by the permittee in the application;
3.
When
work, as constructed or as proposed to be constructed, creates a hazard
to public health, safety and welfare;
4.
When
facts are revealed during grading requiring modifications to achieve
desired results.
(Ord. 564 § 3, 2019)
A.
An
applicant for a grading permit must pay all fees required by this
chapter and established by resolution of the City Council to the Director
of Finance. The City Engineer is not authorized to issue any permit
authorizing land development until the Director of Finance receives
the fees required by this chapter.
B.
The
City Engineer may require the payment of additional fees for any of
the following reasons:
(Ord. 564 § 3, 2019)
A.
Before
the City Engineer is authorized to accept an application and grading
and/or landscape and irrigation plans and specifications for checking,
the applicant must pay a plan check fee in the amount established
by resolution of the City Council.
B.
Unless
otherwise specified by resolution of the City Council, the plan check
fee for a grading permit authorizing additional work under a valid
permit is the difference between the plan check fee paid for the original
permit and the fee required for the entire project.
(Ord. 564 § 3, 2019)
Before the City Engineer is authorized to accept a preliminary
soils engineering report for review, the applicant must pay a report
review fee for each individual report submitted for review in an amount
established by resolution of the City Council. Additional deposits
may be required for independent review of the soil engineering report.
(Ord. 564 § 3, 2019)
Before the City Engineer is authorized to issue a grading permit,
the applicant must pay an inspection fee in an amount established
by resolution of the City Council to cover the City's expenses,
costs, and overhead for field inspection, office engineering, and
administration of the work performed, including landscape and irrigation
work.
(Ord. 564 § 3, 2019)
A.
In
addition to any penalty for violation of this code and in addition
to the fees required in this chapter, a separate fee, in an amount
established by resolution of the City Council, but in no case less
than $500.00, is required for any work commenced prior to obtaining
a permit required by this chapter.
B.
Payment
of such fee does not relieve any person from any liability for failing
to comply with this chapter. The fee prescribed in this section is
not a penalty but defrays the expense of enforcement of the provisions
of this chapter and may be assessed for each violation cited.
C.
Upon written notification to the property owner of the record that work has been commenced prior to obtaining a permit required by this chapter, all work shall cease and the owner must contact the Code Enforcement Division within 10 days of receipt of the notification and inform the Code Enforcement Division of which of the following options the owner will be pursuing. The property owner shall comply with one of the following options within 30 days of the date of the notification and prior to recommencing work, or be subject to increased fines and penalties pursuant to Chapter 1.08:
1.
Show
a valid permit with approved plans covering the scope of work in question.
2.
Pay the fee described in subsection A, and engage with a licensed professional civil engineer to act as Engineer of Record (EOR) to prepare plans, details and calculations for the work that has started and/or is proposed. The proposed work must meet City of Santee standards, be in conformance with our municipal code and be to the satisfaction of the City Engineer. The owner shall also pay all applicable plan check fees and obtain the necessary permit(s). The EOR shall provide an "as built" certification letter certifying the work has been completed and to EOR's satisfaction in accordance with the approved plans. This matter will be considered closed only after the City of Santee has accepted the aforementioned as complete.
3.
Pay the fee described in subsection A, and prepare or engage with a design professional/draftsperson to prepare plans and details for the proposed work. The proposed work must meet existing City of Santee approved standards, be in conformance with the Code and be to the satisfaction of the City Engineer. In addition, the property owner must pay plan check and inspection fees, obtain the necessary permit(s), and remove all of the work performed without the benefit of City inspection. This includes but is not limited to concrete work, leveling pads, buried drainage, facilities, pipes, gravel, reinforcement, grids and/or as deemed necessary with the City Engineer. Perform the work in accordance with the approved plans and obtain inspection approval from the City as required by the plans. The work shall be completed within the time limits specified on a valid permit(s). This matter will be considered closed only after the City of Santee has accepted the aforementioned as complete.
4.
With the prior written permission of the City Engineer, the owner may choose to remove all of the work performed without the benefit of City inspection. This includes but is not limited to concrete work, leveling pads, buried drainage, facilities, pipes, gravel, reinforcement, grids and/or as deemed necessary by the City Engineer. The owner must restore the area to preconstruction activity conditions or better to the satisfaction of the City Engineer. The restoration must be completed within 30 days of notification described in subsection C. This matter will be considered closed only after the City of Santee has accepted the aforementioned as complete.
(Ord. 564 § 3, 2019; Ord. 612 § 2, 2023)
The City Engineer is authorized to issue grading permits without
collecting all or part of the fees required by this chapter when the
work is approved and inspected by a County, State or Federal agency.
(Ord. 564 § 3, 2019)
A.
The
Director of Finance is not authorized to refund fees collected pursuant
to this chapter, in whole or in part, except as provided in this section.
1.
Plan
Check Fees. Plan check fees may be refunded, less any City expenses,
including overhead incurred, upon the applicant's request, provided
no plan checking has commenced. No refund of plan check fees is authorized
after issuance of a permit.
2.
Report
Review Fees. Prior to review of a report, any fees paid for report
review are refundable, less a handling charge, upon the applicant's
request, provided the permit has expired, or is withdrawn, or if the
project does not warrant preparation of a soil engineering report.
3.
Inspection
Fees. Grading inspection fees may be refunded, less a handling charge
and City expenses, at any time prior to the start of the work authorized
by the permit, upon the applicant's request, provided the grading
permit has expired or has been withdrawn.
B.
Notwithstanding subsection A, no refund is authorized.
1.
If
the applicant or permittee has any outstanding debts owed to the City,
or if corrective work remains to be done on the grading work itself.
2.
If
a request for refund is submitted to the City more than one year after
the date of payment of the fee sought to be refunded.
3.
If
the total refundable amount, after deduction of City costs as provided
in this section is less than $25.00.
(Ord. 564 § 3, 2019)
