This chapter shall be known, and may be cited and referred to, as the "Grading Ordinance."
(Prior code § 6-3-1)
This chapter establishes standards for the preparation of sites and construction activities to protect against injury to persons and/or property arising from unwarranted or unsafe grading, drainage works, or other aspects of site development. Thus, the City Council adopts this chapter to:
A.
Establish standards and procedures for grading and excavation.
B.
Ensure that projects approved under this chapter will be free from harmful effects of runoff, including inundation and erosion, and that neighboring and downstream property will be protected from drainage problems resulting from new development.
(Prior code § 6-3-2)
A.
Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are severable. The City Council hereby declares that it would have adopted this chapter irrespective of the invalidity of any particular portion thereof.
B.
Adoption of California Building Code Appendix J. Appendix J entitled "Grading" of the California Building Code 2016 is hereby adopted by reference. All grading shall be performed in conformance with the California Building Code Appendix J and the City of Woodland standard improvement specifications and details. If there is a conflict between requirements of this chapter and the standard improvements specifications and details, the more restrictive requirements shall prevail.
C.
Nothing in this chapter is intended to repeal or replace requirements of the California Building Code as adopted by the City of Woodland. In the case of conflict between this chapter and the California Building Code, the more restrictive requirements shall prevail.
(Prior code § 6-3-3)
As used in this chapter, the following words and phrases shall have the meanings given in this section.
means the City of Woodland.
means the City Engineer of the City of Woodland or designee.
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 abating rubbish.
means the City of Woodland Community Development Director or designee.
includes the act or result of digging, excavating, transporting, spreading, depositing, filling, compacting, settling, or shaping of land surfaces and slopes, and other operations performed by or controlled by human activity involving the physical movement of rock or soil.
means a permit issued by the City of Woodland Public Works or Community Development Department, which authorizes grading in accordance with the provisions of this chapter.
means improvement standards for the City of Woodland as adopted by the City Engineer pursuant to Section 12.04.060.
means any combination or topsoil, earth, rock and/or muck.
means any lot or parcel or contiguous combination thereof, owned by one or more persons, on which grading is proposed or occurring.
means a fill greater than one foot in depth and/or in excess of 50 cubic yards.
(Prior code § 6-3-4)
A.
Except as otherwise provided, the City Engineer is responsible for issuing grading permits for projects which include the dedication and establishment of new public streets in conjunction with final maps. In this regard, the City Engineer is hereby authorized to promulgate and enforce rules or regulations consistent with and necessary to implement the purposes, intent, and express terms of this chapter. Any rules or regulations promulgated by the City Engineer, or amendments thereof, shall be filed with the City Clerk.
B.
Except as otherwise provided, the Building Official is responsible for issuing grading permits for projects which do not include the dedication and establishment of new public streets in conjunction with final maps. In this regard, the Building Official is hereby authorized to promulgate and enforce rules or regulations consistent with and necessary to implement the purposes, intent, and express terms of this chapter. Any rules or regulations promulgated by the Building Official, or amendments thereof, shall be filed with the City Clerk.
C.
The City Clerk shall cause said rules or regulations to be published in a newspaper of general circulation within 10 calendar days after the date of filing. No rules or regulations promulgated by the Director, or amendments thereof, shall be enforced or become effective until 30 calendar days following the date on which the rules or regulations are published. Any person shall have 15 days after the date of publication in which to file an appeal in accordance with the provisions of Section 15.12.090.
(Prior code § 6-3-5)
A.
CEQA Clearance Required. Unless otherwise exempted by this chapter, no person may perform any grading or be issued a grading permit without first receiving CEQA clearance for the proposed project.
B.
Permits Required. Unless exempted by Section 3306.2 of the California Building Code, no person shall do any grading without first obtaining a grading permit from the City of Woodland. A separate permit is required for work on each site unless the sites are contiguous, have the same ownership, and are included in the CEQA clearance.
(Prior code § 6-3-6)
A.
Submitting the Application Documents.
1.
Application. To obtain a grading permit, the applicant shall first file an application therefor on a form provided by the City of Woodland. In addition to the requirements of Sections 3309.4 and 3309.8 of Appendix Chapter 33, California Building Code, every application shall include the following:
a.
Evidence of CEQA clearance.
b.
A description of the work to be covered by the permit for which application is made.
c.
A statement of the use or occupancy for which the proposed work is intended.
d.
An estimate of the quantity of work involved.
e.
A statement of the estimated starting and completion dates.
f.
Other information as the City Engineer may reasonably require to ensure conformance with CEQA and the provisions of this chapter, including specifications.
g.
A copy of all required State and Federal permits.
h.
A copy of all entitlements granted for the property by the City, including conditions of approval and the environmental documentation.
2.
Security. Applications for grading permits may, at the discretion of the City Engineer, require security in any of the following forms. This security would be exercised for the purpose of stabilizing the activity site if the site is abandoned or work is stopped during the performance of the activity authorized by the permit:
a.
Bond or bonds by one or more duly authorized corporate sureties.
b.
A deposit equal to 100% of the construction cost estimate, either with the City or a responsible escrow agent or trust company, at the option of the City, of money or negotiable bonds of the kind approved for securing deposits of public monies.
c.
An instrument of credit from an agency of the State, Federal, or local government when an agency of the State, Federal, or local government provides at least 20% of the financing for the project, or from one or more financial institutions subject to regulation by the State or Federal government and pledging that the funds necessary are on deposit and guaranteed for payment, or a letter of credit by such financial institution.
3.
The security shall be released to the permittee upon either:
a.
Issuance of a certificate of completion, provided no administrative or legal action against such security has been commenced prior to that date and the permittee has complied with the provisions of this chapter; or
b.
Voluntary relinquishment of the permit by the holder thereof to the City, provided no administrative or legal action against such security has been commenced prior to that date and the permittee has complied with the provisions of this chapter.
4.
Permit Fees. A schedule of fees may be established by resolution of the City Council for all costs incurred in the processing of any grading permit application. Such fees shall cover the full costs of review, approvals, inspections, issuance of certificate of compliance, and other determinations or actions necessitated by the permit application. A separate and distinct fee may be set by the City Council by resolution for the cost of appeals filed pursuant to this chapter. If no separate schedule of fees is adopted by resolution of the City Council, the fee schedule outlined in Tables A-33-A and A-33-B, Section 3310 of the California Building Code shall apply.
B.
Application Review.
1.
The application, plans, and specifications (if any) filed by an applicant for a permit shall be checked by the Building Official or the City Engineer. Such plans may be reviewed by other departments of the City to check compliance with the laws and ordinances under their jurisdiction. If the City is satisfied that the application for permit is complete and conforms to the requirements of this chapter and other pertinent laws and ordinances and that the required fees have been paid, the City shall issue a permit therefor to the applicant.
2.
The decision of the Building Official or the City Engineer upon applications for permits under this chapter shall be in writing and a copy of such decision shall be served upon the applicant in person or by first class mail, postage prepaid. Any other person who files a written request therefor with the City shall also receive a copy of such decision.
C.
Permit Issuance.
1.
When the Building Official or the City Engineer issues the permit, he or she shall endorse in writing or stamp on both sets of grading plans and specifications "APPROVED." Such approved grading plans and specifications shall not be changed, modified, or altered without prior written authorization from the Building Official or City Engineer as applicable; and all work shall be done in accordance with the approved plans.
2.
One set of approved grading plans, specifications and computations shall be retained by the City for a period of not less than 90 days from date of completion of the work covered therein, and one set of approved grading plans and specifications shall be returned to the applicant, which set shall be kept on such building or work site at all times during which the work authorized thereby is in progress.
3.
Conditions. The Community Development Director or 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.
4.
The issuance of a permit based upon approved grading plans and specifications shall not prevent the Community Development Director or Building Official or City Engineer from requiring that grading operations and project designs be modified if it is determined that the designs are in error or if the operations and designs will cause, or have the potential to cause, injury to persons and/or property. Submission of new or modified development plans following CEQA clearance or issuance of a grading permit may alter grading requirements for the project site. The Community Development Director or Building Official or City Engineer may revoke or modify a permit under such circumstances.
(Prior code § 6-3-7)
A grading permit shall be suspended or revoked by the Community Development Director or Building Official or City Engineer if any of the following conditions occur:
A.
Conditions at the site vary appreciably from those considered in the CEQA clearance.
B.
Construction does not conform to the approved grading plan the CEQA clearance and other conditions and requirements imposed on the grading operations.
C.
The site is left in a condition hazardous to the public or to the adjacent properties, and permittee does not comply with reasonable requirements to correct said conditions.
D.
The permittee does not comply with reasonable requirements to safeguard workers, the public, or property.
E.
The permittee, in connection with the operations for which the permit was issued, fails to operate equipment properly on public roads or allows material to encroach, obstruct, or be deposited within a public road right-of-way or within a drainage channel in a manner not authorized by said permit, or causes the unauthorized obstruction or diversion of drainage channels.
F.
The permittee fails to have a qualified inspector, working under the supervision of a registered civil engineer, on the site during operations when so required by the permit or fails to have the work under proper supervision at all times.
G.
Emergency conditions exist on the site, which constitute a threat to health, safety, or public welfare.
(Prior code § 6-3-8)
If a grading permit applicant or other persons whose property rights may be affected by the denial or issuance of approvals therefor are dissatisfied with a determination made by the Building Official or the City Engineer, they may appeal the decision to the City Council by filing a written appeal with the City Clerk within 20 calendar days of the date of the decision. The written appeal must state the specific reasons for the appeal and assert the grounds upon which relief is requested. If an appeal is not filed within the time, or in the manner, prescribed above, the right to review of the action against which the complaint is made shall be deemed to have been waived.
A.
Appeal Fee. The City Council shall by resolution from time to time establish a fee for the filing of appeals. Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed fee has been paid.
B.
Appeal Hearing.
1.
After the filing of an appeal within the time and in the manner prescribed herein, the City Council shall conduct a hearing for the purpose of determining whether the appeal should be granted. Any appeal hearing shall be set no sooner than 20 days following the filing of a request for an appeal hearing and no more than 60 days from the date such request is filed. Written notice of the time, date, and place of the hearing shall be served upon affected City staff and the appellant not later than 10 days preceding the date of the hearing.
2.
The City Council shall conduct a de novo review of the entire proceeding or proceedings relating to the act or decision being appealed and may make any order it deems just and equitable, including the approval of grading master plans or the granting of a grading permit. Any hearing may be continued from time to time.
3.
At the conclusion of the hearing, the City Council shall prepare a written decision which either grants or denies the appeal, and contains findings of fact and conclusions. The written decision, including a copy thereof, shall be filed with the City Clerk. The City Clerk shall serve such decision on the applicant or permittee and the Director. The decision of the City Council shall become final upon the date of filing and service with respect to any appeal.
(Prior code § 6-3-9)
A.
Any notice authorized or required by this chapter shall be deemed to have been filed, served and effective for all purposes on the date when it is personally delivered in writing to the party to whom it is directed, or deposited in the United States mail, first class postage prepaid, and addressed to the party to whom it is directed.
B.
When a provision in this chapter requires a public hearing to be conducted, notice of the time, date, place, and purpose of the hearing shall be published at least once not later than 10 calendar days in advance of the date of commencement of the hearing in a newspaper of general circulation in the City. The same type of notice shall also be served on each permittee whose permit may be affected by the action taken at the conclusion of the hearing.
(Prior code § 6-3-10)
In addition to the remedies already provided for in this chapter, the City may seek, in addition to all other remedies at law, including civil injunctive relief, remedies that include the imposition of fines, nuisance abatement, and reimbursement of the costs of enforcement.
A.
Infraction. Violations of this chapter are an infraction. A conviction of an infraction shall only be punishable by fine as follows: Upon a first conviction, a fine not exceeding $100.00; by fine not exceeding $200.00 for the second conviction within one year; and by a fine not exceeding $500.00 for any subsequent conviction within one year.
B.
Public Nuisance. The violation of this chapter is hereby declared a public nuisance and may be abated in the manner provided by the City municipal code.
(Prior code § 6-3-11)
In the administration and enforcement of this chapter, any duly authorized official or employee of the City shall have authority to enter upon the site for the purposes of investigation and inspection to the extent allowed by law.
(Prior code § 6-3-12)