For the purpose of this chapter, the following words and phrases shall mean:
Approved Plans:
the current grading plans bearing the city engineer's stamp of approval.
Approved Testing Agency:
a facility approved by the city engineer as being capable of performing, under the direction of a civil engineer, the tests required by this chapter.
Borrow:
earth material acquired from an off-site location for use in grading.
Clearing, Brushing and Grubbing:
mechanical removal of vegetation.
Compaction:
mechanical densification of a fill.
Director:
director of public works/city engineer.
Earth Material:
rock or soil in any combination.
Excavation:
mechanical removal of earth material.
Existing Grade:
the grade prior to grading.
Fill Placement:
mechanical deposit of earth material.
Finished Grade:
the stage at which the grade fully conforms to the approved plans.
Grade:
the vertical location of the ground surface.
Grading:
excavation or fill placement in any combination.
Natural Grade:
the grade unaltered by artificial means.
Precise Grading Permit:
a grading permit that is issued on the basis of approved plans that show the precise structure location, finished elevations and on-site improvements.
Preliminary Grading Permit:
a grading permit that is issued on the basis of approved plans that show interim building pad drainage but do not show precise structure location, finished elevations and on-site improvements.
Rough Grade:
the stage at which the grade approximately conforms to the approved plans.
Slope:
an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance.
(Ord. 1515)
A. 
The director may prepare a grading manual and a stormwater pollution prevention manual to facilitate implementation of this chapter. In the event of a conflict between the provisions of this code and either such manual, the provisions of this code shall control.
B. 
Any permit issued pursuant to this chapter may be suspended or revoked for failure to comply with the grading manual or the stormwater pollution prevention manual. Additionally, any person who fails to comply with either such manual shall be guilty of a misdemeanor.
(Ord. 1515)
No person shall perform any of the following activities without first obtaining from the city engineer, and maintaining in full force and effect, a grading permit:
A. 
Grading or land disturbing or land filling on existing grade that is preparatory to grading.
B. 
Clearing, brushing and grubbing.
C. 
Construction of pavement surfacing in excess of 2,499 square feet on existing grade for the purpose of a road or parking lot. This provision does not include resurfacing or maintenance of existing paved surfaces.
D. 
Alteration of an existing watercourse, channel or revetment by means of excavation, fill placement or installation of rock protection or structural improvements.
(Ord. 1515)
A. 
Grading permit applications shall be filed with the director on a city-provided form. Applications shall include plans and specifications, as well as supporting data consisting of soil engineering and engineering geology reports, unless waived by the city engineer. In lieu of preliminary soil engineering reports, the director may require inspection and testing by an approved testing agency.
B. 
The director may approve or conditionally approve a preliminary grading permit or a precise grading permit if there are no grounds for denial; otherwise the permit shall be denied. A grading permit shall be denied if the director makes any of the following findings:
1. 
The proposed work does not comply with the general plan, the zoning ordinance or an applicable specific plan and no conditions can be imposed to ensure compliance.
2. 
The proposed work is liable to constitute an unreasonable hazard to life or property and no conditions can be imposed to mitigate such risk to an acceptable level.
3. 
The property proposed to be graded is subject to an unreasonable geological or flood hazard and no conditions can be imposed to mitigate such risk to an acceptable level.
C. 
A grading permit shall automatically expire and become null and void if the authorized work is not commenced within 180 days from the date of permit issuance. Additionally, a grading permit shall automatically expire and become null and void if the authorized work is suspended or abandoned after commencement for a period of 180 days.
(Ord. 1515)
A grading permit shall not be required for any of the following:
A. 
Excavations below finished grade for basements, building footings, retaining walls or other structures authorized by a building permit provided that the excavation does not have an unsupported height greater than 5 feet after completion of the structure.
B. 
Cemetery graves.
C. 
Refuse disposal sites governed by other laws.
D. 
Agricultural crop management practices occurring on land that has been farmed during each of the preceding 3 years.
E. 
Emergencies posing an immediate danger to life or property, or substantial flood or fire hazards.
F. 
Excavations within public right-of-way that are performed in accordance with an encroachment permit.
G. 
Activities meeting all of the following requirements:
1. 
The land area that is disturbed or filled is 2,499 square feet or less.
2. 
Natural and finished slopes are less than 10%.
3. 
Volume of earth material disturbed, stored or used is 50 cubic yards or less.
4. 
Rainwater runoff is diverted, either during or after construction, from an area smaller than 2,499 square feet.
5. 
Any impervious surface that is created is 2,499 square feet or less.
6. 
No drainageway has its stormwater carrying capacity modified.
7. 
The activity does not take place within 100 feet from the top of a coastal bluff, the bank of a watercourse, the mean high watermark (line of vegetation) of a body of water or within the wetlands associated with a watercourse or water body. The distance shall be determined by horizontal measurement.
(Ord. 1515)
A. 
Except as provided in subsection D of this section, no person shall raise the existing grade of a residential lot without first obtaining a grade elevation permit from the planning commission.
B. 
Applications for a grade elevation permit shall be submitted to the director of development services on a city-provided form. Notice of a grade elevation permit application shall be given no less than 10 days before the hearing date by publication in a newspaper of general circulation and by mailing to all property owners and addresses within a 300-foot radius of the subject property.
C. 
The planning commission may approve, conditionally approve or deny a grade elevation permit after conducting a public hearing on the application. A grade elevation permit shall be denied unless the planning commission makes the following findings:
1. 
The change of grade will not result in a significant impairment of the primary view from any property located within a 300-foot radius.
2. 
The change of grade is compatible with the neighborhood.
D. 
The director of development services and the director may jointly waive the grade elevation permit requirement in either of the following circumstances:
1. 
When raising the existing grade is necessary for flood hazard reduction in accordance with law.
2. 
When raising the existing grade is the only feasible alternative for proper drainage function of the site.
(Ord. 1515)
A. 
When deemed necessary, the director may require any person issued a grading permit to post security to assure that the work shall be completed in accordance with the permit, the approved plans and this chapter. The amount and form of the security shall be determined by the director.
B. 
Upon determining that a default has occurred in the performance of any grading permit condition, or that there is a failure to comply with an order issued, the director shall give written notice thereof to the permittee and to the surety if applicable. Such notice shall specify the work to be done, the estimated cost thereof and the deadline for completion. If the work is not satisfactorily performed prior to the deadline, the estimated cost of completing the work (including a mobilization charge equal to 10% of such cost) shall be demanded from the surety or obtained from the security, and the director shall cause such work to be performed.
(Ord. 1515)
A. 
The city council may by resolution establish fees to cover the estimated reasonable cost of processing permits and administration of this chapter.
B. 
If the director performs emergency or other work on private property, the owner of such property shall reimburse the city in full for all expenses incurred by the city. Such expenses shall include without limitation a mobilization charge equal to 10% of the cost of performance of the work.
(Ord. 1515)
A. 
The director may inspect a property prior to approving a grading permit in order to confirm that the application accurately reflects existing conditions.
B. 
The director may inspect grading operations at the various stages of work requiring approval and at any more frequent intervals necessary to determine whether adequate control is being exercised by the permittee and its professional consultants. If any work to be inspected has been covered or concealed, the city engineer may require the permittee to expose such work at its own cost.
C. 
Upon determining that any work does not comply with the terms of a grading permit, grade elevation permit, this code or other applicable law, or that the soil or other conditions are not as stated on the permit, the city engineer may order the work stopped. Such order shall be effectuated by service of written notice on any person supervising the performance of the work. The grading operations shall not proceed until written authorization is received from the director.
(Ord. 1515)
Grading operations shall be conducted in compliance with the following standards:
A. 
The permittee shall maintain a copy of the approved plans in an obvious and accessible location on the subject property.
B. 
No grading operations shall be performed between 8:00 p.m. and 7:00 a.m., or on Sundays or federal holidays, on any property located within one-half mile of a structure for human occupancy. The city engineer may waive this restriction upon making a finding that it is unnecessary to protect the public health, safety or welfare in a particular situation. The city engineer may impose more stringent restrictions upon making a finding that they are necessary to protect the public health, safety or welfare in a particular situation.
C. 
Where an excess of 1,000 cubic yards of earth material is moved on public roadways, all the following requirements shall be satisfied:
1. 
The permittee shall apply water, a palliative or both as directed by the director to minimize spillage of dust onto public property.
2. 
The permittee shall maintain public property free of dust, earth material and debris from the grading operations.
3. 
The grading operations shall be performed in accordance with the approved plans.
4. 
The last 50 feet of the access road, as it approaches the intersection with the public roadway, shall have a grade less than or equal to 3%. The access road shall either be posted with flaggers or there shall be 300 feet of unobstructed sight distance to the intersection from both the public roadway and the access road.
5. 
A stop sign shall be posted at the entrance of the access road to the public roadway.
6. 
Advance warning "Truck Crossing" signs shall be posted on the public roadway 400 feet of the access intersection from each direction. The sign shall be diamond shaped, each side being 30 inches in length, shall have an orange background, and the letters thereon shall be 5 inches in height. The sign shall be placed 8 feet from the edge of the pavement and the base of the sign shall be 5 feet above the pavement level. The sign shall be covered or removed when the access intersection is not in use.
D. 
The permittee shall provide the director with 2 copies of all reports, compaction data and recommendations from its civil engineer, soil engineer, engineering geologist, grading contractor and the approved testing agency.
E. 
If the permittee's civil engineer, soil engineer, engineering geologist, grading contractor or the approved testing agency finds that the grading operations are not being done in conformance with the approved plans, the discrepancies shall be reported in writing to the director immediately.
F. 
Grading operations shall stop whenever, during the course of the work, the permittee replaces the civil engineer, the soil engineer, the engineering geologist, the approved testing agency, or the grading contractor of record. This provision shall not apply if the permittee notifies the director in writing of the responsible professional change, and the new responsible professional notifies the director in writing that the work performed to date has been reviewed and approved. This provision also shall not apply if the responsible professional change is between individuals in a single firm.
(Ord. 1515)
A. 
The permittee shall notify the director when the grading operation is ready for final inspection. The director shall not issue final approval until all work has been satisfactorily completed in accordance with the approved plans.
B. 
No building permit shall be issued for a site until grading has been completed pursuant to a precise grading permit.
(Ord. 1515)
A. 
Any person who causes grading to be done contrary to the provisions of a grading permit, a grading elevation permit, the approved plans or this chapter is guilty of a misdemeanor.
B. 
In the event that any grading is done contrary to the provisions of a grading permit, a grading elevation permit, the approved plans or this chapter, the city may take any of the following actions:
1. 
Record with the county recorder a notice of grading violation. The director shall cause the notice of grading violation to be removed upon determining that the violation no longer exists.
2. 
Withhold issuance of a building permit, performance of building permit inspections or issuance of a certificate of use and occupancy.
3. 
Deny approval of a zone change, subdivision map or discretionary permit.
(Ord. 1515)