This chapter shall be known as the "Grading Ordinance."
(Ord. NS-385 § 4, 1996)
The purpose of this chapter is to establish minimum requirements for grading, including clearing and grubbing of vegetation, to provide for the issuance of ministerial permits and to provide for the enforcement of the requirements. These provisions are supplementary and additional to Title 20, Subdivisions, and Title 21, Zoning, of this code and shall be read and construed as an integral part of these titles and the land development patterns and controls established thereby. It is the intent of the City Council to protect life and property and promote the general welfare; enhance and improve the physical environment of the community; and preserve, subject to economic feasibility, the natural scenic character of the city. The provisions of this chapter shall be administered to achieve the intent expressed above and, to the maximum extent feasible, the following goals:
A.
Facilitate
the planning, design and construction of development sites to maximize
safety and human enjoyment while protecting, insofar as possible,
the surrounding natural environment;
B.
Ensure
compatibility of graded land development sites with surrounding land
forms and land uses;
C.
Prevent
unnecessary and unauthorized grading, including clearing and grubbing
of vegetation, on property within Carlsbad;
D.
Preserve
natural plant communities and existing mature trees;
E.
Preserve
significant cultural and archaeological sites;
F.
Promote
the rapid restoration of graded slopes with fire resistant, drought
tolerant landscaping that is aesthetically pleasing and which enhances
adjacent habitat values; and
G.
Protect
public and private property, stormwater conveyance systems, downstream
riparian habitats, waterways, wetlands, and lagoons by controlling
soil erosion, sedimentation and other potential adverse impacts caused
by grading operations or which result as a consequence of the increased
rate of surface water runoff from graded sites.
(Ord. NS-385 § 4, 1996; Ord. NS-623 § 1, 2002)
This chapter shall be administered by the City Engineer who
shall have the authority and responsibility to:
A.
Establish
the form and procedures for application for grading permits required
pursuant to this chapter including the certification of completed
applications, the approval of grading plans, construction SWPPPs,
the establishment of files, the processing of secured grading and
erosion control agreements and the collection of fees and security
deposits;
B.
Interpret
the provisions of this chapter and advise the public regarding requirements
for grading plans, construction SWPPPs, specifications and special
provisions;
C.
Establish
the format and content of grading plans, SWMPs, SWPPPs, specifications
and special provisions pursuant to the provisions of this chapter;
D.
Establish
and promulgate city standards to govern grading and stormwater standards
in accordance with good engineering practice pursuant to the provisions
of this chapter;
E.
Issue
permits and approve amendments, including extensions, to permits found
to conform with this chapter and applicable city standards and the
landscape manual;
F.
Issue and maintain permanent records of determinations of exemption authorized by Section 15.16.060;
G.
Approve
grading and erosion control agreements;
H.
Accept
surety bonds and other forms of security in connection with grading
and erosion control agreements;
I.
Monitor
compliance of all grading work with city codes, city standards and
any limitations of the grading permit;
J.
Record
notices of grading violation and/or take other administrative actions
against violators of the provisions of this chapter; and
K.
Grant
authority to appropriate members of the City Engineer's staff to act
on behalf of the City Engineer with regard to any aspect of the administration
of the provisions of this chapter.
(Ord. NS-385 § 4, 1996; Ord. NS-881 § 1, 2008; Ord. CS-151 § 2, 2011)
Whenever the following words, terms or phrases are used in this
chapter they shall be construed as defined in the following subsections
unless from the context in which the word, term, or phrase is used
a different meaning is specifically defined or intended.
means a professional engineer in the branch of civil engineering
holding a valid certificate of registration issued by the State of
California.
means the removal of any and all types of vegetation, roots,
stumps or other plant material and the clearing or breaking up of
the surface of the land by digging or other means.
means the condition or situation which results when an applicant fails to perform in compliance with the terms and requirements of the grading and erosion control agreement required pursuant to Section 15.16.140 of this chapter.
means the civil engineer responsible for the preparation
of the grading and/or construction plans, for the certification of
the completed work and preparation of the record plans.
means the cutting, digging, removal, displacement or any
other movement of soil, sand, gravel, rock or other similar material
from its natural or preexisting location upon or beneath the surface
of the earth by the direct action of humans and/or human invention.
means the depositing of soil, sand, gravel, rock, or other
similar materials upon or beneath the surface of the earth by the
direct action of humans and/or human invention.
means the vertical location of the ground surface upon completion
of any excavation or fill.
means a person holding a valid certificate of registration
as a geologist in the specialty of engineering geology issued by the
State of California under provisions of the Geologist Act of the Business
and Professions Code.
means any excavation, fill, clearing and grubbing of vegetation
or any combination thereof.
is any lot or parcel of land or contiguous combination thereof,
under the same ownership, where grading is proposed or performed.
means a person holding a valid certificate of registration
as an engineer in the specialty of soils engineering issued by the
State of California under the provisions of the Business and Professions
Code.
means any fill placed on land for which no soil testing was
performed or no compaction reports or other soil reports were prepared
or submitted.
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In addition to the above defined words, terms and phrases, the definition of words, terms and phrases, as described in Chapter 15.04, shall apply to this chapter.
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(Ord. NS-385 § 4, 1996; Ord. NS-623 §§ 2, 9, 10,
2002; Ord. NS-881 § 2,
2008; Ord. CS-151 § 3,
2011)
Except as provided in Section 15.16.060, no person shall do, or cause to be done, any grading, including clearing and grubbing of vegetation, without first having obtained a grading permit.
(Ord. NS-385 § 4, 1996)
A.
A grading
permit shall not be required for the following:
1.
Cemetery
graves.
2.
Refuse
disposal sites controlled by other regulations.
3.
Excavations
for wells or tunnels or utilities.
4.
Exploratory
excavations under the direction of soil engineers or engineering geologists.
5.
Clearing
and grubbing of vegetation done for the purpose of routine landscape
maintenance, the removal of dead or diseased trees or shrubs or the
removal of vegetation done upon order of the Fire Marshal to eliminate
a potential fire hazard or for the abatement of weeds.
6.
Clearing
and grubbing of vegetation done preparatory to agricultural operations
on land which has been used for agricultural purposes within the previous
five years.
B.
Unless
the City Engineer determines that the work may adversely affect existing
drainage patterns, result in a condition which may cause damage to
adjacent property now or in the future, or may have a detrimental
effect on the public health, safety or welfare, a grading permit shall
not be required for the following:
1.
Grading
on a site where the City Engineer finds that the following conditions
exist:
a.
The amount of soil material moved does not exceed 200 cubic yards;
b.
No fill material is placed on an existing slope steeper than five
units horizontal to one vertical;
c.
No cut or fill material exceeds four feet in vertical depth at its
deepest point, measured from the existing ground surface.
2.
Grading
in an isolated, self-contained area.
C.
All grading work, including any grading work exempted from the requirement of a grading permit as determined pursuant to subsection A of this section, shall comply with city standards and Titles 15, 19, 20 and 21 of this code, and within the coastal zone, shall also be consistent with all certified local coastal program provisions.
(Ord. NS-385 § 4, 1996; Ord. NS-623 §§ 3—6,
2002; Ord. NS-881 § 3,
2008; Ord. CS-151 § 3,
2011)
B.
For minor grading, the City Engineer may modify the requirements of Sections 15.16.067, 15.16.070 and 15.16.080. Subject to a case-by-case determination, permissible modifications may include:
1.
Use
of topography from city or other sources, or an assumed elevation
datum;
2.
Preparation
by a licensed architect or other qualified individual;
3.
Inclusion
of the minor grading plan as a sheet in the building plans;
4.
Use
of available, historical geotechnical data, with appropriate certifications
by a geotechnical engineer.
C.
The
grading plan review fee for plans showing minor grading per this section
shall be 50% of the grading plan review fee calculated per the current
fee schedule. A grading permit is required for minor grading.
(Ord. CS-151 § 5, 2011)
A.
A separate
application for a grading plan shall be made in advance of submittal
for a grading permit.
B.
Unless
otherwise approved by the City Engineer, each application for a grading
plan review shall include a complete grading plan review application
form, grading plans, specifications, engineering calculations, a soils
investigation, a geotechnical report and other such documentation
and information as may be necessary to demonstrate that the grading
work will be carried out in substantial compliance with all city codes,
city standards and the requirements of the landscape manual. Each
grading plan review application shall be accompanied by a SWMP and
SWPPP prepared in accordance with city standards.
C.
The
City Engineer may waive submission of a geotechnical report or other
required documents if the applicant clearly demonstrates that the
nature of the grading work applied for is such that reviewing of such
report or other documents is not necessary to obtain compliance with
this code.
D.
A grading
plan review fee shall be charged by the city for the processing of
the grading plan review. The fee shall be established by resolution
of the City Council and is for the purpose of defraying the cost of
processing the grading plan review. The grading plan review fee is
in addition to any other plan review, inspection and permit issuance
fees charged for the issuance of a grading permit or processing improvement
plans and building plans or the issuance of permits thereto. An additional
grading plan review fee of 25% of the current plan review fee may
be charged for grading plan applications for which the city approval
is not granted within 24 months following the original date of application.
E.
Grading
plan applications for which city approval is not granted within three
years following the date of application shall be deemed withdrawn,
provided the improvement plans are not associated with a tentative
map, tentative parcel map, vesting tentative map, or vesting tentative
parcel map, in which case the grading plan application shall be deemed
withdrawn on the date of the expiration of the associated tentative
map. The grading plans and other documents submitted for review may
thereafter be returned to the applicant or destroyed by the City Engineer.
In order to renew action on an application after withdrawal, the applicant
shall resubmit a new application and pay a new grading plan review
application fee.
F.
The
City Engineer may authorize refunding of not more than 80% of the
grading plan review fee paid when an application for a grading plan
is withdrawn (1) in accordance with this section; or (2) upon written
application filed by the original permittee not later than 60 days
after withdrawal of the grading plan application by the applicant,
when withdrawn prior to completion of the grading plan review.
G.
Any
application in process on the effective date of this code amendment
shall be subject to the provisions of this section. The filing date
for such application shall be considered to be the effective date
of the code amendment.
(Ord. 881 § 4, 2008; Ord. CS-135 § 2, 2011; Ord. CS-151 § 6, 2011)
All grading plans, specifications and engineering reports required
for grading permit submittal shall be prepared in accordance with
the following requirements:
A.
Grading plans, specifications, engineering calculations and other relevant engineering data shall be prepared by a civil engineer. The grading plans shall be drawn to scale in accordance with city standards and be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this chapter, city standards, the landscape manual and Titles 15, 19, 20 and 21 of this code. All grading plans must include provisions for implementation and maintenance of all stormwater pollution prevention measures identified in the construction SWPPP prepared for the project, pursuant to Title 15 and city standards.
B.
Geotechnical
investigation reports shall be based upon the proposed grading plan.
The geotechnical investigation 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. Recommendations
included in the report shall be consistent with the provisions of
this chapter and city standards and shall be incorporated into the
grading plans and/or specifications.
C.
Preliminary
soils investigations and report(s) shall be based upon the proposed
grading plan. Such report(s) shall include data regarding the nature,
distribution and strength of existing soil types at the proposed grading
site, recommendations for grading procedures and design criteria for
corrective measures, if required by the soils engineer. Recommendations
included in the report and approved by the City Engineer shall be
incorporated into the grading plans and/or specifications.
D.
SWMPs
shall be prepared if the project is subject to priority development
project requirements per the SUSMP. SWMPs shall demonstrate how the
project satisfies SUSMP requirements and shall recommend all required
TCBMPs, which shall be incorporated into the grading plans.
(Ord. 881 § 5, 2008; Ord. CS-151 § 7, 2011)
A.
To
obtain a grading permit, the applicant shall first file an application
therefor in writing on a form furnished by the City Engineer for that
purpose. Every such application shall:
1.
Identify
and describe the work to be covered by the grading permit for which
the application is made;
2.
Describe
the land on which the proposed work is to be done by legal description,
street address, and/or similar description that will readily identify
and definitely locate the proposed grading work;
3.
State
the quantity of excavation and fill for the proposed grading work
including the amount of excavation or fill to be imported to or exported
from the grading site;
4.
State
the name, address, telephone number and State of California certification
number of the engineer-of-work, soils engineer and geotechnical engineer
who prepared the grading plan, soils report and geotechnical report
for the proposed grading work;
5.
State
the name, address, telephone number, state contractor's license number
and Carlsbad business license number for the contractor who will perform
the grading work;
6.
State
the name, address and telephone number of the property owner upon
whose property the work will be done and the applicant requesting
the grading permit;
7.
Be
signed by the applicant and property owner or their authorized agent(s);
and
8.
Give
other such information as may be required by the City Engineer.
B.
Each
grading permit application shall be accompanied by:
1.
Grading plans, specifications, calculations, reports and other data as required in Section 15.16.080;
2.
Proof
of all other applicable discretionary approvals, including a site
plan approved in accordance with such prior discretionary approvals,
if any, pursuant to Title 20 or 21, except where:
a.
The grading work is necessary to complete a major arterial roadway
or other major public facility, will significantly reduce the need
to haul fill material over public roads, or is incidental to the grading
for another project which has obtained all appropriate development
approvals in accordance with Titles 20 and 21 of this code, or
b.
The grading work is found by the City Planner to be reasonably consistent
with the future development of the site pursuant to the site's existing
general plan land use classification;
3.
A
completed environmental impact assessment form or submittal of other
environmental documentation which demonstrates compliance with the
California Environmental Quality Act (CEQA) and Title 19 of this code;
4.
All
appropriate documentation evidencing the applicant's right to enter
upon and grade property not within the ownership of the person signing
the grading permit application form;
5.
A
grading permit application fee in an amount as established by the
City Council by resolution. A separate plan review and/or inspection
fee shall apply to retaining walls, SWMP, SWPPP or major drainage
structures as provided for elsewhere in this code. There shall be
no separate charge for standard terraced drains and similar facilities.
If during the grading plan review the grading or other quantities,
upon which the grading plan review fee is based, are changed, the
applicant shall pay any balance of fees required.
(Ord. NS-385 § 4, 1996; Ord. NS-881 § 6, 2008; Ord. CS-151 § 8, 2011; Ord. CS-164 § 10, 2011)
A.
Each
application submittal for a grading permit shall be accompanied by
city approved grading plans, SWMP, SWPPP and other such documentation
and information as may be necessary to demonstrate that the grading
work will be carried out in substantial compliance with all city codes,
city standards and the requirements of the landscape manual.
B.
The
number of copies and format of the submittal documents required pursuant
to this chapter shall be as prescribed by the City Engineer.
C.
All
documents shall, upon submittal to the City Engineer, become the property
of the city and shall be kept on file with the City Engineer.
(Ord. NS-385 § 4, 1996; Ord. NS-881 § 7, 2008; Ord. CS-151 § 9, 2011)
A.
Each
grading permit issued shall be accompanied by a SWPPP prepared in
accordance with city standards and approved by the City Engineer.
B.
The
City Engineer may also require preparation of a SWPPP, prepared in
accordance with city standards, for any person conducting development
or other construction activity, including grading activities which
are exempt from a grading permit, in order to reduce the risk of contamination
of stormwater and the discharge of non-stormwater pollutants to the
city's stormwater conveyance system.
C.
Construction
activities that have no potential to add pollutants to stormwater
or non-stormwater runoff may be exempt from the preparation of a SWPPP,
pursuant to the SWPPP exemption requirements of city standards, the
general construction permit and the municipal permit. Any construction
activity exempted from the preparation of a SWPPP must still comply
with the stormwater pollution prevention requirements of city standards
at all times during construction.
D.
Each
construction SWPPP shall be prepared in a form and include the content
as specified in city standards and shall be made to comply with all
other applicable NPDES permit requirements.
E.
Construction
SWPPP review and inspection fees shall be charged by the city for
the processing of the plan review and field inspection of the construction
work. The fee shall be established by resolution of the City Council
and is for the purpose of defraying the cost of processing the plan
review and ensuring compliance with the construction SWPPP during
construction. The construction SWPPP review and inspection fees are
in addition to any other plan review, inspection and permit issuance
fees charged for processing grading plans, improvement plans and building
plans or the issuance of permits thereto.
(Ord. NS-881 § 8, 2008; Ord. CS-151 § 10, 2011)
A.
Applications
for which no grading permit is issued within three years following
the date of application shall be deemed withdrawn. Plans and other
documents submitted for review may thereafter be returned to the applicant
or destroyed by the City Engineer. In order to renew action on an
application after withdrawal, the applicant shall resubmit a new application
and pay a new grading permit application fee.
B.
The
City Engineer may authorize refunding of the grading permit application
fee paid when an application for a grading permit is withdrawn (1)
in accordance with this section; or (2) upon written application filed
by the original permittee not later than 60 days after withdrawal
of the grading permit application by the applicant.
C.
Any
application in process on the effective date of this code amendment
shall be subject to the provisions of this section. The filing date
for such application shall be considered to be the effective date
of the code amendment.
(Ord. NS-385 § 4, 1996; Ord. NS-881 § 9, 2008; Ord. CS-124 § 3, 2011)
A.
Following
submittal of a completed grading permit application and completion
of the following requirements, the City Engineer shall issue a grading
permit:
1.
Approval
and signature of the grading plans by the City Engineer;
2.
Payment
of the grading permit application fee required pursuant to Section
15.16.070(B)(6);
3.
Submittal
of a fully executed grading and erosion control agreement together
with the required cash and/or other securities;
4.
Approval
of a SWMP prepared in accordance with the SUSMP;
5.
Approval
of a SWPPP prepared in accordance with this chapter and city standards;
6.
Submittal
of proof of valid Coastal Development Permit, Stream Alteration Permit,
Army Corps Permit, National Pollutant Discharge Elimination System
Permit or other permits, if any, required by other departments or
agencies with competent authority; and
B.
The
issuance or granting of a grading permit or approval of grading plans,
specifications and computations shall not be construed to be a permit
for, or an approval of, any violation of any of the provisions of
this chapter or any other chapter of this code. Permits presuming
to give authority to violate or cancel the provisions of this chapter
or any other chapter of this code shall not be valid.
C.
The
issuance of a grading permit based on approved grading plans, construction
SWPPP, specifications and other data shall not prevent the City Engineer
from thereafter requiring correction of errors in said plans, specifications
and other data, or from preventing grading operations being carried
on thereunder when in violation of this chapter or any other chapter
of this code.
(Ord. NS-385 § 4, 1996; Ord. NS-881 § 10, 2008; Ord. CS-151 § 11, 2011)
All grading permits shall be subject to the following limitations,
requirements and procedures:
A.
Scope of Work—Amendments. Issuance of a grading permit shall constitute authorization to do only that work which is described on the application for the permit and detailed on the grading plans and specifications approved by the City Engineer in accordance with the provisions of this chapter. No approved grading plans or specifications may be modified without approval by the City Engineer of a revised grading plan. Application for the revision of a grading plan shall be submitted to the City Engineer on the prescribed form, accompanied by a grading plan revision fee in the amount set forward in the fee schedule approved by City Council resolution. Modifications which substantially affect the basic tract design or land use as described on any prior discretionary approvals, issued pursuant to Titles 20 and 21 of this code, must have the approval of the appropriate approving authority.
B.
Jurisdictions
of Other Agencies. Permits issued under the provisions of this chapter
shall not relieve the owner of the responsibility for securing permits
or licenses that may be required from other departments or divisions
of all governing agencies.
C.
Time
Limits—Extensions. The permittee shall fully perform and complete
all of the work required to be done pursuant to the grading permit
within the time limit specified therein or, if no time is so specified,
within one year after the date of issuance of the permit. The specified
time limit may be extended by action of the City Engineer upon written
request of the permittee, owner or surety showing that good and sufficient
cause has prevented the permittee from completing the grading work
within the allotted time limit. All such extension requests shall
be accompanied by an extension fee in an amount as established by
City Council resolution.
D.
Time of Grading Operations. For permitted hours of operation and signage requirements, refer to Chapter 8.48.
E.
Noise Limitations. The noise limitation provisions of Chapter 8.48 of this code shall be observed.
F.
Hauling
Operations. All hauling operations to or from the grading site shall
be conducted in accordance with city code, over the route and in accordance
with the procedures prescribed by the City Engineer in the grading
permit.
G.
Storm
Damage Precautions. All grading operations shall install protective
measures to prevent unnecessary erosion and sedimentation as follows:
1.
All
grading permits issued during the rainy season or within 30 days of
the start of the rainy season shall require the installation of erosion
and sedimentation control protective measures in advance of the start
of the grading work in accordance with city standards;
2.
All
grading permits issued earlier than 30 days prior to the start of
the rainy season shall require the installation of all erosion and
sedimentation control protective measures within 30 days prior to
the start of the rainy season in accordance with city standards;
3.
All
erosion and sedimentation control protective measures shall be maintained
in good working order throughout the duration of the grading operation
unless it can be demonstrated to the City Engineer that their removal
at an earlier date will not result in any unnecessary erosion of or
sedimentation on public or private properties; and
4.
All
slopes required to be landscaped and irrigated shall be landscaped
and irrigated within the time limits as specified in the landscape
manual. All other erosion and sedimentation control protective measures
shall be installed as quickly as practicable.
H.
Inspection
and Testing. The applicant shall ensure that the work is inspected
and tested as follows:
1.
Inspection
and testing of the grading work by a soils or civil engineer to ensure
proper compaction of fill materials, stability of the cut and fill
slopes and general compliance of the grading work with the recommendations
of the preliminary soils report, city standards, permit conditions
and the provisions of this chapter.
2.
Inspection
and survey of the grading work by a civil engineer to ensure that
all building pads, street grades and drainage facilities have been
constructed in general conformance with the locations and elevations
as shown on the approved grading plans.
3.
Where
unusual or hazardous geotechnical conditions exist upon or beneath
the grading site, a geologist shall inspect all or any portion of
the grading work to assure that all geologic and geotechnical conditions
have been adequately addressed and that any recommended corrective
measures are incorporated into the work.
I.
Partial
Releases. The City Engineer may authorize the partial release of a
portion of the grading work to allow construction of a structure pursuant
to a building permit issued in accordance with this code and in accordance
with the following requirements:
1.
Prior
to the issuance of such building permit for any given lot or lots,
the engineer-of-work, or another civil engineer as may be approved
by the City Engineer, shall provide the City Engineer with a written
statement certifying that, in their professional opinion, all grading
for the proposed building pad was completed within the tolerances
allowed pursuant to city standards and that all embankments, cut slopes
and pad elevations are constructed as shown on the approved plans.
2.
The
soils or civil engineer shall provide the City Engineer with a written
statement certifying that, in his or her professional opinion, all
embankments beneath the proposed building pad site have been constructed
in accordance with city standards and the recommendations of the preliminary
soils report.
3.
The
City Engineer may also require compliance with any other requirement
or condition as may be deemed necessary to ensure the health, safety
and welfare of the public prior to release of the site for the purpose
of issuing a building permit.
J.
Final
Reports. Upon completion of the grading work the permittee shall ensure
that the following reports and documents are submitted to the City
Engineer:
1.
A
written statement signed by the engineer-of-work, or another civil
engineer as may be approved by the City Engineer, which shall state
that, in his or her professional opinion, all grading work and drainage
facilities have been completed in substantial conformance with the
grading permit. The approved grading plan on file with the city shall
be amended by the engineer-of-work, or another civil engineer as may
be approved by the City Engineer, to show the as-built elevations
for all pads, streets and drainage facilities together with any other
field modifications or changes made to the original approved plans.
2.
A
report by a soils or civil engineer which shall include recommended
soil bearing capacities for the project site, a statement as to the
expansive qualities of the soil, and summaries of field and laboratory
tests. The locations of such tests and the limits of the compacted
fill shall be shown on a final plan, prepared by the soils or civil
engineer and submitted to the City Engineer with the final soils report,
which shall also show by plan and cross-section the location of any
rock disposal areas, sub-drains and/or buttress fills if such were
involved in the grading. The final soils report shall contain a written
statement that all soils inspections and tests were made by, or under
the supervision of, the soils or civil engineer and that in the professional
opinion of the soils or civil engineer, all embankments have been
constructed and compacted to city standards and in accordance with
the earthwork specification of the preliminary soils report.
3.
A
report and an as-graded geologic map of the site prepared by the geologist
which shall include specific approval of the grading as affected by
geological factors. Where necessary, such report shall include geologic
cross-sections and recommendations regarding the location of buildings,
sewage disposal systems or any other special requirements.
4.
TCBMP
installation certification.
K.
Notification
of Noncompliance. If, in the course of fulfilling their responsibility
under this chapter, the engineer-of-work, soils engineer or geologist
finds that the work is not being done in conformance with the grading
permit, this chapter or the approved plans and specifications or with
accepted engineering practices, they shall immediately notify the
permittee and the City Engineer, in writing, of the nonconformity
and of the recommended corrective measures to be taken.
(Ord. NS-385 § 4, 1996; Ord. NS-623 § 8, 2002; Ord. CS-135 § 4, 2011; Ord. CS-151 § 12, 2011; Ord. CS-211 § 3, 2013)
A.
The
permittee shall be responsible for the following:
1.
Completion
of all work in compliance with the approved grading permit, plans
and specifications, city standards, the landscape manual and the requirements
of this code;
2.
Protection
of public and/or franchise facilities, utilities or services from
damage caused by the grading operation;
3.
Protection
of adjacent public or private properties from damage caused by the
grading operation;
4.
Preservation
of adjacent and on site environmental resources, which are outside
of the scope of work, from the impacts of the grading operation;
5.
Installation
and maintenance of drainage and erosion control measures to protect
downstream properties and habitats from flooding, sedimentation and
other adverse impacts caused by the grading operation or the increase
in surface water runoff resulting from the grading operation; and
6.
Inspection
and testing of the grading work to ensure conformance with the plans
and specifications, the recommendations of the soils and geotechnical
engineers, city standards, the landscape manual and the provisions
of this chapter.
B.
The
responsibilities described in this section shall also apply to the
permittee's authorized agents, contractors or employees; however,
any such application shall not in any way relieve or absolve the permittee
from the responsibility to grade or to conduct the grading operation
consistent with this section or this chapter. The permittee shall
have ultimate responsibility over the actions and conduct of any and
all authorized agents, contractors and employees with regard to the
performance of the permitted work and compliance with this section.
(Ord. NS-385 § 4, 1996)
A.
Secured
Agreement Required. Prior to issuance of a grading permit, the permittee
shall enter into a secured grading and erosion control agreement with
the city to guarantee performance of the grading work in compliance
with the grading permit.
B.
Form
of Secured Agreement. The grading and erosion control agreement shall
be in a form as prescribed by the City Attorney which shall include,
but not be limited to, the following:
1.
Incorporation
of the grading permit and the approved plans and specifications, including
construction SWPPP, as part of the agreement;
2.
Agreement
by the permittee to comply with all the terms and conditions of the
grading permit including the grading permit time limits;
3.
Agreement
by the permittee to comply with all provisions of this chapter and
other applicable laws and ordinances;
4.
A
cost estimate prepared by a civil engineer which provides for the
construction of all earthwork, drainage facilities, retaining walls,
TCBMPs, construction BMPs including the cost of maintenance during
the period of time the permit is active, geotechnical mitigation measures,
landscaping, irrigation and any other items needed to complete the
grading work;
5.
Agreement
to indemnify and hold the city harmless against any and all claims
arising from the performance of the grading work; and
6.
Agreement
by the permittee to maintain all safety and stormwater best management
practices until the grading work is complete and stabilized against
erosion in accordance with city standards.
C.
Security Types. The grading and erosion control agreement shall be secured using one or more of the security types listed in Section 20.16.070.
D.
Security
Requirements. Security offered to guarantee performance in connection
with the grading and erosion control agreement shall meet the following
requirements:
1.
The amount of the security shall be sufficient to guarantee performance of all grading work described on the approved grading plans, construction SWPPP and specifications as estimated in subsection (B)(4);
2.
Surety
bonds shall be valid upon the date of filing with the city and shall
remain valid until the work has been completed to the satisfaction
of the City Engineer. Any extension of the time specified in the permit
shall not be cause for release of a surety bond;
3.
The
surety company which issues a surety bond shall meet or exceed the
minimum qualifications established by the City Council by resolution;
4.
The
City Engineer may require that up to 10% of the engineer's estimated
cost for the grading work be submitted in the form of a cash deposit,
provided however, that no such cash deposit shall be less than $1,500.00.
The cash deposit may be utilized by the city to cure any default in
regard to the performance of work covered by the grading and erosion
control agreement including, but not limited to, cleaning, repair
and rehabilitation of public or private facilities that are damaged
by sedimentation, erosion or construction activities and to insure
that adequate safeguards for the prevention of erosion and sedimentation
are in place when needed;
5.
The
City Engineer may allow a single security to cover work under multiple
grading permits when the work covered is either part of a progressive
construction of a single project or when several concurrent projects
are being constructed by one permittee. In such cases, the grading
and erosion control agreement shall include reference to the multiple
permit requirements or a grading and erosion control agreement shall
be submitted for each separate permit; and
6.
The City Engineer may permit substitution of the required security either in kind or of any other type allowed for in Section 20.16.070; provided, however, that the substitute security is adequate to insure completion of the remaining work to be performed and the security is found to be of proper form and substance. The original security may be released upon acceptance of the new security and upon determination that all conditions of the permit are being complied with and there is no default as to the performance of the work up to the date of acceptance of the new security.
E.
Secured
Agreement Waivers. The City Engineer may waive the requirement for
a secured agreement or may waive all or any portion of the security
amount if the applicant clearly demonstrates to the City Engineer
that the proposed grading work will not adversely affect or will have
minimal impact upon public or private property and upon the health,
safety and welfare of the public. In no such case, shall the City
Engineer reduce the security amount below the amount needed to ensure
public safety and to secure the site with stormwater best management
practices.
F.
Reduction
of Security. The City Engineer may reduce the amount of the security
commensurate with the value of the grading work which has been completed.
In no case shall the security be reduced below the amount necessary
to ensure public health, safety and welfare.
G.
Release
of Security. The City Engineer shall release the security held by
the city to secure the grading work upon completion of the work in
substantial compliance with the terms and conditions of the permit
and the provisions of this chapter.
H.
Default
Procedures. Whenever the permittee fails to perform in compliance
with the terms and requirements of the grading and erosion control
agreement, the City Engineer may, in addition to any other administrative
and judicial remedies allowed pursuant to this chapter, make a demand
upon the cash, letter of credit, surety bond or other collateral held
as security for the grading and erosion control agreement in accordance
with the following procedures:
1.
Notice
of Default. The City Engineer shall send a written notice of default
by certified mail to the permittee which specifies the permit number
and identifies the location, nature and extent of the activity or
condition which contributed to the default. The notice of default
shall specify the work to be done to cure the default, the estimated
cost of such work and the period of time deemed by the City Engineer
to be reasonably necessary for the completion of such work. A copy
of the notice of default shall be mailed to the owner of the grading
site and to the surety company, bank or institution which provided
the security for the grading and erosion control agreement.
2.
Emergency
Corrective Actions. In the event the work needed to cure the default
is not completed by the permittee, surety company or financial institution
within the period of time specified on the notice of default, the
City Engineer may thereupon enter the property for the purpose of
performing, by city forces or by other means, the necessary corrective
or curative work. The cost for such corrective work shall be paid
for by the permittee, surety company or financial institution as provided
for in this section.
3.
Surety
Bond, Letter of Credit or Instrument of Credit. Upon receipt of the
notice of default, the surety company or financial institution shall,
within the time specified, cause or require the work needed to cure
the default to be performed, or failing therein, shall pay over to
the city the estimated cost of doing the work as set forth in the
notice of default.
4.
Cash
Deposit. Upon expiration of the time period specified in the notice
of default, the City Engineer may withdraw all or any portion of the
cash deposit to reimburse the city for completing or having a third
party complete the work needed to cure the default as specified in
the notice of default. Upon utilizing the cash deposit, the City Engineer
shall notify the applicant in writing of the amount utilized and the
purpose for which the deposit was used.
(Ord. NS-385 § 4, 1996; Ord. NS-881 § 11, 2008; Ord. CS-135 § 5, 2011; Ord. CS-151 § 13, 2011)
A.
Applications
for grading permits involving uncontrolled stockpiles shall be accompanied
by an agreement signed by the property owner.
B.
The
agreement shall be in a form as prescribed by the City Attorney which
shall include, but not be limited to, the following:
1.
Owner
acknowledgment that the grading or fill material is designated as
an uncontrolled stockpile;
2.
Owner
acknowledgment that the site is not eligible for a building permit
unless special soils analysis and foundation design are submitted
and approved by the City Engineer or, the site is subsequently graded
pursuant to a valid grading permit issued in accordance with the provisions
of this chapter;
3.
Agreement
by the owner that the grading or stockpile work will be done in accordance
with grading plans and specifications as approved by the City Engineer;
4.
Agreement
by the owner that the stockpile will be maintained in a safe and sanitary
manner at the sole cost, risk and responsibility of the owner;
5.
Agreement
by the owner indemnifying and holding the city harmless against any
and all claims arising from the grading or maintenance of the stockpile;
and
6.
Agreement
by the owner that the agreement for uncontrolled stockpile will inure
and be binding upon any and all successors in interest to the property.
C.
The
agreement for uncontrolled stockpile shall be approved by the City
Engineer and recorded by the City Clerk in the office of the County
Recorder as constructive notice upon the land involved. The notice
shall remain in effect until release of the agreement is filed by
the City Engineer.
(Ord. NS-385 § 4, 1996)
A.
An
individual may appeal the decision of the City Engineer made in regard
to administration of this chapter to the City Council within 10 calendar
days following the decision. Appeals shall be in writing, filed with
the City Clerk and shall state the basis for the appeal. Fees for
filing an appeal shall be in an amount as established by resolution
of the City Council. The decision of the City Council shall be final.
B.
The
City Clerk shall thereupon fix a time and place for hearing such appeal.
The City Clerk shall give notice to the appellant and applicant/permittee
of the time and place of hearing by serving the notice personally
or by depositing it in the United States Post Office in the city,
postage prepaid, addressed to such persons at their last known address.
(Ord. NS-385 § 4, 1996)
A.
It
is unlawful to:
1.
Perform
grading work without a grading permit when such permit is required
pursuant to this chapter;
2.
Perform
any grading work which is not in conformance with an approved grading
permit;
3.
Make
a false statement or furnish false data on any application, grading
plan, engineering report or other document required pursuant to the
provisions of this chapter; or
4.
Delay,
frustrate or otherwise hinder the efforts of the City Engineer or
designee from carrying out the duties required pursuant to the provisions
of this chapter.
B.
Regardless
of whether or not a grading permit has been issued or is required
to be issued, it is unlawful for any person to commit or cause to
be committed the following acts or, to maintain or cause to be maintained
a property in such a manner as to result in the commission of the
following acts:
1.
Grading
in such a manner as to become a hazard to life and limb or to endanger
property or to adversely affect the safe use or stability of a public
property, place or way;
2.
Grading
without application of appropriate stormwater best management practices
(BMPs) in accordance with the provisions of this title, city standards
and municipal permit;
3.
Dump,
move or place any soil, sand, gravel, rock or other earthen material,
or leave any bank, slope or other earthen surface unprotected so as
to cause any such earthen material to be deposited upon or to roll,
blow or wash upon or over the premises of another without the express
consent of the owner of each such premises so affected or, upon or
over any public property, place or way. Such consent shall be in writing
and in a form acceptable to the City Engineer; or
4.
Transport,
haul or otherwise move any soil, sand, gravel, rock or other earthen
material over any public or private street, place or way in such a
manner as to allow such materials to blow or spill over and upon such
public or private street, place or way.
(Ord. NS-385 § 4, 1996; Ord. NS-881 § 12, 2008)
A.
Whenever any work for which a permit is required by this code has been commenced without first obtaining a grading permit or an unlawful act, as defined in Section 15.16.170, has been committed, the City Engineer shall conduct a special investigation into the cause, extent and potential remedial actions that must be undertaken before a new permit may be issued, the stop work notice is removed or the notice of grading violation is released. The City Engineer shall collect an investigation fee from the offender whether or not a permit is then or subsequently issued. The investigation fee shall be established by resolution of the City Council and shall be in addition to any required permit fee. The investigation fee may be reduced or waived if the City Engineer finds that:
1.
The
amount of the investigation fee is significantly out of proportion
to the cost of the administrative work necessary to investigate the
violation or unlawful act;
2.
The
violation or unlawful act was not in the control of the property owner
and the property owner took immediate action to correct the violation
upon notification by the City Engineer; or
3.
The
violation or unlawful act was caused by or resulted from an unintentional
action or misunderstanding of city codes or a directive issued by
the City Engineer or the City Engineer's authorized representative.
B.
The
payment of an investigation fee shall not exempt any person from compliance
with all other provisions of this code nor from any penalty prescribed
by law.
(Ord. NS-385 § 4, 1996)
Whenever the City Engineer determines that an unlawful act, as defined in Section 15.16.170, has been committed by an individual operating with or without benefit of a grading permit, the following enforcement measures and remedies may be undertaken by the City Engineer, in lieu of or in addition to any remedial actions undertaken in accordance with Section 15.16.140.
A.
Stop
Work Notice. The City Engineer may issue a stop work notice demanding
that all unlawful activities, as defined in this chapter, be stopped
until a valid grading permit is obtained or corrective action is authorized
by the City Engineer. The City Engineer may allow continuance of the
work to the extent necessary to install protective measures to safeguard
the public or to secure the site against erosion, sedimentation and
the discharge of non-stormwater pollutants. Prior to resumption of
any work, other than as may be permitted by the City Engineer pursuant
to this subsection, on a permitted grading operation, the permittee
shall restore all cash deposits and/or other securities consumed by
the city to the amount specified in the approved grading and erosion
control agreement.
B.
Owner
Notification. The owner of the property shall be notified in writing
that a violation has occurred. The notification shall specify the
location, nature and extent of the activity or condition which contributed
to the violation, the corrective action needed to cure the violation
and the period of time deemed necessary by the City Engineer to correct
the violation.
C.
Record
Notice of Grading Violation. In the event that the owner does not
correct the violation in the manner or within the time period requested
by the City Engineer, the City Engineer shall record a notice of grading
violation against the property with the County Recorder. Upon completion
of any corrective action and/or issuance of a valid grading permit
and upon payment of the investigation fee required pursuant to this
section, the City Engineer shall file a notice of release of grading
violation with the County Recorder releasing the property from the
notice of grading violation.
D.
Prohibition
of Development Permits. Any property which has a notice of grading
violation recorded against it shall be prohibited from obtaining or
using any development permit pursuant to Titles 18, 20 and 21 of this
code until after all corrective actions are taken in accordance with
the requirements of the City Engineer and, a notice of release of
grading violation has been recorded with the County Recorder.
E.
Investigation
Fee. An investigation fee shall be paid by the person responsible
for the violation in accordance with the provisions of this chapter.
The payment of such investigation fee shall not relieve any person
from the performance of the corrective work or otherwise complying
with the requirements of this chapter.
F.
Criminal Penalties. Each person, firm or corporation who commences or does any grading contrary to the provisions of this chapter, or otherwise violates the provisions of this chapter, is guilty of an infraction. Every day during any portion of which any violation of any provisions of this title is committed, continued or permitted by such person, firm or corporation, shall be deemed a separate violation and shall be punishable as provided in this title and in Section 1.08.010(B) of this code.
G.
Abatement
of Public Nuisance. Any grading commenced or done contrary to the
provisions of this chapter, or other violation of this chapter, shall
be, and the same is declared to be, a public nuisance. Upon order
of the City Council, the City Attorney shall commence necessary proceedings
for the abatement of any such public nuisance in the manner provided
by law. Any failure, refusal, or neglect to obtain a permit as required
by this chapter shall be prima facie evidence of the fact that a public
nuisance has been committed in connection with any grading commenced
or done contrary to the provisions of this chapter.
H.
Civil Action. The City Attorney may, at the request of the City Engineer, initiate any appropriate civil action in a court of competent jurisdiction to enforce the stop work notice, including the required corrective actions, and/or the grading and erosion control agreement, including the recovery of any funds expended by the city to abate any public nuisance resulting from an unlawful act as defined in Section 15.16.170 and any additional civil penalties provided for by law.
(Ord. NS-385 § 4, 1996; Ord. NS-881 § 13, 2008)
