The purpose of this chapter is to establish controls on the earthwork permitted by the City in the course of construction. The controls are established for reasons of aesthetics, sound soil engineering practice, erosion control, and water quality protection.
It is the intent of the City of Mill Valley to limit grading operations whenever possible. Grading necessary to construct homes should be confined within the footprint of the home.
(Ord. 1182 § 1, April 2, 2002)
The City Council finds that the adoption of the ordinance codified in this chapter is made necessary for the following reasons:
The topography in Mill Valley is characterized by densely wooded hillsides. Inadequately controlled grading will result in permanent scarring and excessive erosion.
Also a characteristic of Mill Valley is the high amount of rainfall and excessive runoff. These features, combined with inadequately controlled grading, can increase the possibility of earth slides and poor water qualify from excessive erosion.
The Director of Public Works, Building Official, or their designees, are authorized to enforce the provisions of this chapter.
(Ord. 1182 § 1, April 2, 2002)
A grading permit shall be required for all excavation, fill or grading.
The following grading activities are exempt from the grading permit requirement:
A. 
Where volume of material to be graded or filled does not exceed 50 cubic yards.
B. 
Where natural and finished slopes are less than 10%.
C. 
Excavations for basements and footings, or piers for a building, retaining wall or other structure authorized by a valid building permit.
D. 
Excavations for wells or utilities.
E. 
Exploratory excavations prepared under direction of soils engineers or engineering geologists.
(Ord. 1182 § 1, April 2, 2002)
All grading permits shall comply with the provisions of the General Plan and all applicable design guidelines adopted by the City Council.
(Ord. 1182 § 1, April 2, 2002)
Applications for a grading permit shall be in a format approved by the Director of Public Works and shall contain sufficient information as required by the Director of Public Works.
(Ord. 1182 § 1, April 2, 2002)
When application is made to any department or agency of the City for an entitlement to improve or develop any real property in an area of suspected soils instability, the City may require that the applicant submit a report of soil investigation prepared by a licensed engineer or geologist whose qualifications are satisfactory to the City. If the report discloses adverse soils conditions, the City may require that as a condition to the issuance of an entitlement to improve or develop real property, there shall be recorded in the office of the County Recorder of the County of Marin a "Notice of Adverse Soils Conditions" in a form satisfactory to the City.
(Ord. 1182 § 1, April 2, 2002)
An applicant for a grading permit shall provide security for the performance of the work described and delineated on the approved grading plan and erosion control plans in an amount and form to be approved by the Director of Public Works. The amount of security shall be adequate to cover both the planned work and remedial work which may be required.
(Ord. 1182 § 1, April 2, 2002)
A. 
Temporary Erosion Control Plans. When determined by the Director of Public Works, the applicant shall submit plans for temporary erosion control for approval. Temporary erosion control plans for the construction period must comply with the guidelines prescribed by the Director of Public Works.
Temporary erosion control plans will be required when any of the following conditions exist.
1. 
There is a probability that runoff from graded areas cannot be contained on the subject property.
2. 
There is a major water course which will be adversely affected by runoff from the graded area.
Temporary erosion control plans shall be submitted and approved prior to obtaining a grading permit.
The applicant shall be responsible for maintaining temporary erosion control measures to the satisfaction of the Director of Public Works at all times. To guarantee conformance to requirements, the Director of Public Works may require appropriate bonding and/or cash deposits.
B. 
Permanent Erosion Control Plans. Each grading plan submitted to the City for approval must include provisions for permanent erosion control. Erosion control techniques proposed for the post construction period must be equal to or more effective than the guidelines adopted by the Director of Public Works.
Plans shall include detailed design and installation specifications for both temporary and permanent erosion and sediment control measures. Supporting calculations, including runoff calculations, shall also be submitted. To insure compliance with the approved plans, the Director of Public Works may require appropriate bonding and/or cash deposits.
(Ord. 1182 § 1, April 2, 2002)
The Director of Public Works may require modification of previously approved plans to accommodate unanticipated conditions on the site. Modifications to a previously approved plan may also be required, if the plan is found to be inadequate, or work does not proceed as scheduled. The Director of Public Works may require the permittee to submit work schedules, contingency plans, or status reports as deemed necessary. The Director of Public Works shall notify permittee in writing of the requirements and specify a reasonable time period for compliance.
(Ord. 1182 § 1, April 2, 2002)
A. 
No grading activity shall take place during the rainy season (October 15th to April 15th) unless a rainy season grading permit has first been obtained from the Director of Public Works. Whether or not grading is permitted during the rainy season, all temporary and permanent erosion control measures shall be in place prior to October 15th. If an ordinary grading permit has been issued, but all work (including all grading, landscaping and erosion control measures) will not be completed by October 1st, the permittee shall submit an application for a rainy season grading permit on or before October 1st. The Director of Public Works may, as a condition of approval for a rainy season grading permit, require submittal of additional financial security in an amount sufficient to ensure performance of all planned and remedial work. A rainy season grading permit may be suspended or revoked as provided in Section 14.32.090, subsection A.
B. 
Any party aggrieved by a decision to grant, deny, suspend or revoke a rainy season grading permit may request a hearing before the Director of Public Works by filing a written request within five calendar days after the decision. A hearing date shall be scheduled, and the Director of Public Works shall provide reasonable prior notice to the applicant and to all persons shown on the last equalized assessment roll as owners of real property within 100 feet of the property which is the subject of the application. At the hearing, the applicant and any other interested parties shall have the right to attend and be heard. The hearing shall be conducted by the Director of Public Works, who may affirm, modify or reverse the prior action. The decision of the Director of Public Works shall be final.
(Ord. 1144 § 1, April 15, 1996; Ord. 1182 § 1, April 2, 2002)
A. 
The Director of Public Works shall have the authority to order immediate cessation of all grading or improvement work and, further, to order immediate correction of any or all erosion control measures described in this chapter. The Director of Public Works may use the security provided by the permittee in order to finance corrective measures if the permittee is unwilling to immediately do so as ordered by the Director of Public Works. Grounds for suspending or revoking a permit include failure to follow approved plans, failure to follow any conditions attached to the permit, failure to implement requirements in a timely fashion, and failure to properly maintain erosion control measures.
B. 
Any party aggrieved by a decision to grant, deny, suspend or revoke any grading permit, other than a rainy season grading permit, may appeal that decision to the City Council. Appeals shall be in writing and shall state the basis of the appeal. Appeals shall be filed in the office of the City Clerk not later than 5:00 p.m. on the 10th calendar date following the date of the action from which an appeal is taken. Appeals shall be accompanied by the filing fee as specified by resolution of the City Council.
C. 
Notice of the hearing on an appeal shall be given by mailed notice to the applicant and to all persons shown on the last equalized assessment roll as owners of real property within 100 feet of the property which is the subject of the application. Such notice shall be mailed at least 10 calendar days prior to the date of the public hearing. The notice shall contain a general description of the action taken, the location of the subject property, and the time, date and place of the hearing. Failure of any person or entity to receive notice given pursuant to this section shall not constitute grounds to invalidate the City Council's action on the item for which the notice was given.
D. 
The City Council shall determine an appeal no later than its second regular meeting following the date on which the appeal was filed or any such longer time as may be agreed upon between the applicant and the City Council. The action from which an appeal is taken may be reversed or modified only upon an affirmative vote of a majority of the City Council members present and voting.
(Ord. 1144 § 2, April 15, 1996; Ord. 1182 § 1, April 2, 2002)
Applications for grading permits shall be accompanied by the fees established by resolution of the Mill Valley City Council.
(Ord. 1061 § 9, February 2, 1987)