A. 
Except as exempted in Section 18.08.070, no person shall do any grading nor shall an owner allow any grading on their property unless the person or owner has a valid grading permit issued by the city engineer authorizing such grading.
B. 
An owner is presumed to have allowed grading which has been done on property occupied by him or her or is under his or her dominion and control. This presumption is a presumption affecting the burden of producing evidence.
C. 
A separate grading permit shall be required for each legal parcel, noncontiguous site, development, or each separate subdivision final map for which grading is to be performed.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
The following described grading is exempt from the requirement to obtain a grading permit under the provisions of this chapter:
A. 
Depositing materials in any disposal area operated by or licensed by the city or San Diego County.
B. 
Grading which meets all of the following limitations:
1. 
Grading is on a single legal lot or contiguous ownership;
2. 
Involves the cumulative movement of not more than fifty cubic yards of earth;
3. 
The cut in the cut area and/or the fill in the fill area, at their deepest points, do not exceed a depth of three feet in vertical depth measured from the original ground;
4. 
The fill is not intended to support structures;
5. 
The finished cut and/or fill slopes are not steeper than two horizontal to one vertical (2:1);
6. 
The finished grading does not alter the drainage patterns either upstream or downstream from the grading;
7. 
None of the fill is placed on existing ground having a slope steeper than five horizontal to one vertical (5:1), which is a twenty percent slope;
8. 
None of the grading is closer than five feet to the adjacent ownership;
9. 
The finished slopes are protected from erosion and the downstream properties are protected from siltation resulting from the grading.
C. 
Excavation below finish grade for basements, for footings or foundations for buildings, manufactured homes, retaining walls or other structures or facilities, all if authorized by a valid building permit approved and issued by the development services director. Any embankment constructed with the excess material from the excavation exempted by this section must either be disposed of under an approved grading permit, or be disposed on-site without creating embankments more than three feet in unsupported height.
D. 
Exploratory excavations under the direction of a soil engineer, archaeologist, paleontologist or engineering geologist. Such excavations must be properly backfilled and compacted or otherwise restored.
E. 
When approved by the city engineer, excavation for the sole purpose of recompaction as specified or recommended by an approved soils report.
F. 
Grading for which inspection is provided by the city and which is done by a developer or contractor pursuant to city-approved improvement plans within public rights-of-way and adjacent slope rights areas independent of adjacent land development work, or grading done pursuant to a permit for excavation in public streets.
G. 
Clearing and brushing when directed by the fire chief to mitigate a fire hazard, with the concurrence of the development services director that such clearing and brushing will not cause significant damage to any rare, endangered or protected species of plant or wildlife or cause any significant damage to any habitat of any rare, endangered or protected species of wildlife.
Note: The above listed exemptions do not apply to clearing, grubbing, brushing or grading when:
1. 
Grading will occur in or physically impact designated or dedicated open space or environmentally sensitive areas designated in the CEQA, the general plan or shown on any approved specific plan;
2. 
Grading will occur in any waterway or wetland, stream, river, channel, pond, lake, marsh, bog, lagoon, vernal pool or riparian habitat;
3. 
Grading will occur in any floodway or floodplain as shown on the San Diego County floodplain maps or on city-revised maps;
4. 
Grading will occur in any officially mapped area in high geologic risk zone;
5. 
Grading will occur in any other sensitive areas such as archaeological sites, historical sites or burial grounds.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
Any person desiring to perform land development grading not exempted by Section 18.08.070 shall submit a grading permit application in a form approved by the city engineer.
B. 
A separate application with plans, specifications and other supplemental data as specified in this chapter and determined to be necessary by the city engineer, shall be required for each grading permit. The application form shall be signed by the owner or authorized agent of the property to be graded.
C. 
A complete grading permit application shall be submitted for city review and approval with the following items, completed and signed by the applicant or authorized agent, to the satisfaction of the city engineer, or this chapter:
1. 
Grading plan;
2. 
Separate plot plan;
3. 
Preliminary soil engineering report;
4. 
Landscape and irrigation plans consistent with requirements of Chapter 18.44;
5. 
Drainage study;
6. 
Haul route, including source of borrow or disposal;
7. 
Erosion control plan;
8. 
Post-construction stormwater management plan, where required pursuant to Chapter 8.48;
9. 
Grading plan check fee;
10. 
Soil engineering report review fee;
11. 
Deposit for independent third party review of soil report;
12. 
Inspection fees (may be paid at any time prior to issuance of permit);
13. 
Proof of legal lot (may be waived by city engineer if grading is pursuant to an approved tentative map or zoning permit).
D. 
The city engineer may, upon his or her determination and discretion, require additional data or information, eliminate, or modify any of the above requirements determined to be appropriate, including those items in Section 18.08.090.
E. 
The plans, application requirements and necessary fees may be altered or changed at any time between application submittal and permit issuance under the following conditions:
1. 
A change of policy or direction by the city council;
2. 
A change in the grading ordinance or fee schedule approved by the city council;
3. 
Discovery that the plans, application or fees violate or do not meet existing ordinances or policies or conform to the requirements of other permits or approvals, such as zoning permits or subdivision maps;
4. 
Discovery of any design defect, soil or geologic hazard, or any other fact or item which if left unchanged could cause damage, harm or hazard to public or private properties, or to life, limb or the general public's safety or welfare.
If such discoveries are made as described in subsections (E)(3) and (E)(4) of this subsection, and changes are so directed, the applicant shall be granted an extension of the application expiration date for thirty days, or for such other period as the city engineer may grant to the applicant, to allow for all required changes to reasonably be made and accomplished.
F. 
The time limits set out in Sections 18.08.260 and 18.08.300 shall apply to all grading plans and applications.
(Ord. 371 § 1, 2008; Ord. 387 § 3, 2010; Ord. 428 § 1, 2015)
Other items which may be required by the city engineer in order to complete the grading permit application include:
A. 
Special erosion control plans, including landscape and irrigation plans;
B. 
Hydrology and hydraulic reports;
C. 
Application for environmental initial study (AEIS);
D. 
Geotechnical reports on seismicity and geology;
E. 
Letters of permission from adjacent owners or easement holders to grade off-site or on easements;
F. 
Right of entry;
G. 
Waiver and release to divert or concentrate drainage affecting downstream off-site property;
H. 
Easement and flowage rights documents;
I. 
Other information as determined by the city engineer to be necessary to protect the public interest and fulfill the purposes of this chapter.
Recommendations included in such reports and approved by the city engineer shall be incorporated in the grading plan, landscape and irrigation plan and the land development specifications.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
Grading plans shall be prepared and submitted with the grading permit application in accordance with the city engineering standards and the requirements of the city engineer.
B. 
All grading plans shall be signed by a registered civil engineer and by the soil engineer. The city engineer may waive this requirement when the proposed grading is on a single lot or parcel not proposed for further subdivision and in the opinion of the city engineer, the proposed grading entails no hazard to any adjacent property, does not necessitate construction of extensive drainage structures or erosion control facilities, and does not interfere in any way with existing natural or improved drainage courses or channels.
C. 
The city engineer may stop work and require amendment or change of approved grading, erosion control or landscape and irrigation plans for any of the following reasons:
1. 
Extension or renewal of the grading permits;
2. 
Changes have been made in the actual work which are not reflected on the approved plans;
3. 
The scope or quantity of grading has been changed;
4. 
Construction, traffic, drainage, soil, geologic, public safety or environmental problems not considered, known or evident at the time of permit issuance or plan approval become evident.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A separate plot plan showing the location of the land development boundaries, lot lines, public and private rights-of-way lines, and precise grading information in accordance with specifications set forth in this chapter and as required by the city engineer shall also be submitted. A print of the approved tentative subdivision map or tentative parcel map showing the required information may be submitted in lieu of a plot plan.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
Three copies of a preliminary soils engineering report shall be submitted with the application for a grading permit. Each report shall be prepared by a soil engineer and contain all information applicable to the project in accordance with generally accepted geotechnical engineering practice. The preliminary soil engineering report shall include, but not be limited to, the following:
1. 
Information and date regarding the nature, distribution, and the physical and chemical properties of existing soils;
2. 
Location of faults as defined by a registered geologist or certified engineering geologist;
3. 
Conclusions as to the adequacy of the site for the proposed grading;
4. 
Recommendations for general and corrective grading procedures;
5. 
Foundation design criteria;
6. 
Slope gradient, height and benching, or terracing recommendations;
7. 
The potential for groundwater and seepage conditions and procedures for mitigation of the groundwater-related problems;
8. 
Other recommendations, as necessary, commensurate with the project grading and development.
B. 
The soil engineer and engineering geologist should refer to the geologic conditions element of the Lemon Grove general plan in preparing the reports required by this section.
C. 
Recommendations contained in the approved reports shall be incorporated into the grading plans and specifications and shall become conditions of the grading permit.
D. 
Preliminary geologic investigations and reports shall be required for all land development projects where known or reasonably inferred instability may adversely affect the property. The preliminary geological investigation report shall include, but not be limited to, the following:
1. 
A comprehensive description of the site topography and geology including, where necessary, a geology map;
2. 
A statement as to the adequacy of the proposed development from an engineering geologic stand-point;
3. 
A statement as to the extent that known or reasonably inferred stability on adjacent properties may adversely affect the project;
4. 
A description of the field investigation and findings;
5. 
Conclusions regarding the effects geologic conditions will have on the proposed development;
6. 
Specific recommendations for plan modification, corrective grading and/or special techniques and systems to facilitate a safe and stable development;
7. 
Provide other recommendations, as necessary, commensurate with the project grading development.
E. 
The preliminary geological investigation report may be combined with the preliminary soils engineering report.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
Except for agricultural grading plans, all slopes to be constructed, but only final slopes of any borrow pit, shall be provided with an irrigation system which shall be used by the permittee to promote the growth of plants to protect the slopes against erosion. A landscape documentation package, if required by Chapter 18.44, shall accompany grading plan submitted for grading permits.
B. 
The grading on the project shall be designed for the efficient use of water by minimizing soil erosion, runoff and water waste, resulting from precipitation and irrigation.
C. 
The plans shall include specifications for the preparation of the existing soils or for the application of topsoil amendments to the slopes to encourage vigorous growth. The permittee shall be responsible for full compliance with the standards and procedures established by the city in this chapter or other applicable ordinances, standards or manuals. Landscape and irrigation plans and specifications shall maximize the use of drought resistant plants and shall provide for water conservation measures throughout the planting irrigation and maintenance plans and specifications. The plan shall show the finished configuration and elevations of each landscaped area including the height of graded slopes, the drainage pattern, pad elevations, finish grade and any stormwater retention improvements.
D. 
The landscape documentation package shall be prepared by a licensed landscape architect, licensed civil engineer, licensed architect, or other landscape professional appropriately licensed by the state and shall contain all of the elements required by Section 18.44.070.
E. 
The permittee shall be responsible for installation and maintenance of the irrigation system until the city engineer determines that the system has been properly installed and meets the minimum requirements of this section and the requirements of Chapter 18.44.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015; Ord. 436 § 1, 2016)
Project proponents shall implement erosion control measures described in the BMP Manual, this chapter, and Chapter 8.48 to minimize the project's erosion potential.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
As applicable, all applications for permits related to construction activities, regardless of the date of submittal and including, but not limited to, projects that require an approved grading plan or permit, shall include an erosion control plan designed to limit erosion of all disturbed portions of the property and to eliminate the transport of soil onto adjacent properties or into streets, storm drains, or drainage ways.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
Plans for an erosion control system shall be prepared and submitted for the review and approval of the city engineer as a part of any application for a construction permit. The erosion control system shall comply with the requirements of the latest state general construction stormwater permit (NPDES Permit No. CAS000002) and any amendments thereto, the MS4 Permit, Lemon Grove Municipal Code Chapter 8.48, and this chapter to satisfy the requirements for erosion control and to eliminate the discharge of sediment and pollutants. The erosion control plan shall include, but not be limited to, the following information:
1. 
Name, address, and a twenty-four hour phone number of the owner or responsible party, and the person or contractor responsible for installing and maintaining the erosion control system and performing emergency erosion control work;
2. 
The name, address and signature of the civil engineer or person who prepared the plan;
3. 
All desilting basins, debris basins, silt traps, and other desilting, velocity retarding and protection facilities necessary to adequately protect the site and downstream properties from erosion and its effects, preserve natural hydrologic features, and preserve riparian buffers and corridors;
4. 
The streets, easements, drains, and other improvements;
5. 
The location and placement of gravel bags, diverters, check dams, temporary erosion control measures such as mulches or soil binders, slope planting, drains, and other erosion controlling devices and measures as required by the BMP Manual;
6. 
Access routes to all such erosion control facilities and how access shall be maintained during inclement weather.
B. 
Erosion control system standards shall be as follows:
1. 
Erosion control measures shall be implemented as required by the city's BMP Manual, this chapter, and Chapter 8.48.
2. 
The permittee or owner shall be responsible for control of erosion on all areas of grading until acceptance of the completed grading by the city council. This responsibility extends to completed and occupied lots.
3. 
No earth or organic material shall be deposited or placed where it may be directly carried into a stream or body of standing water.
4. 
Equipment and workers for emergency work shall be made available at all times. All necessary materials shall be available on-site, stockpiled at convenient locations, and present in sufficient quantities to facilitate rapid construction of temporary devices at all times. Failure to maintain sufficient materials on-site to prevent and control discharges of sediment and other pollutants in accordance with the requirements of this chapter and the city's BMP Manual is a violation of this chapter.
5. 
All removable protective devices shown shall be in place at the end of each working day when there is a fifty percent chance of rain within a forty-eight-hour period. If the developer does not provide the required installation or maintenance of erosion control structures within two hours of notification at the twenty-four hour number on the plans, the city engineer may order city crews to do the work or may issue contracts for such work and charge the cost of this work along with reasonable overhead charges to the cash deposits or other instruments implemented for this work without further notification to the owner. No additional work on the project except erosion control work may be performed until the full amount drawn from the deposit is restored by the developer.
6. 
At any time of year, an inactive site, or inactive portions of an active site, shall be fully protected from erosion and discharges of sediment. A site or portion of a site is considered inactive if construction activities have ceased for a period of fourteen or more consecutive days. If construction activities have ceased for fourteen or more consecutive days on only a portion of the site, only that portion of the site is considered inactive.
C. 
No grading work shall be allowed between October 1st and the following April 30th on any site when the city engineer determines that erosion, mudflow or sediment of silt discharge may adversely affect downstream properties, drainage courses, storm drains, streets, easements, or public or private facilities or improvements unless an approved erosion control system has been implemented on the site. If the city determines that it is necessary for the city to cause erosion control measures to be installed or cleanup to be done, the developer shall pay all of the city's direct and indirect costs including extra inspection, supervision, and reasonable overhead charges.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
All BMPs for erosion prevention and sediment control shall be functional at all time. Prior to the rainy season and after each major storm, all BMPs shall be inspected to assure the functionality. BMP maintenance shall be conducted throughout the life of the project.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
An owner of land desiring to perform land development work incidental to and in connection with the construction of a building or structure shall present an application and obtain a grading permit. The city engineer may require a field inspection of the completed grade with representatives of the public works department, the development services department, the permittee, the civil engineer, and the soil engineer prior to commencement of work authorized under a building permit. The permittee shall request the inspection of the work, if required, two working days prior to the inspection. The grading phase of the land development work shall be completed and a soils report, including, but not limited to, relative compaction of the pads and verification of pad elevations shall be submitted prior to commencement of work authorized under the associated building permit. The development services director may direct the building official to suspend or revoke any building permit in accordance with Section 303 of the Uniform Administrative Code where it is found that land development is being done or has been done illegally without a grading permit, or is in violation of a permit, until a grading permit is issued pursuant to the provision of this chapter. The development services director will not certify to the completion of the building where land development work has been done until a grading permit is issued and certified as complete.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
Grading of the subdivision will not be permitted prior to approval of the final map or parcel map unless specifically approved as a condition of the tentative subdivision or tentative parcel map. If early subdivision grading is approved, the subdivider may make application to do so under a standard grading permit. This application shall be accompanied by detailed plans and specifications based upon the approved tentative map in conformity with the provisions of Sections 18.08.080 through 18.08.140 of this chapter. A grading schedule and cost estimate based upon plans and specifications shall accompany the application.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
Prior to the issuance of any grading permit, the city engineer shall refer the application for such permit to the development services director for environmental review pursuant to CEQA.
B. 
The development services director shall review each application referred to him or her to determine whether the grading, if carried out as proposed, could have a significant impact on the environment. If the development services director determines that the grading may have a significant impact on the environment, he or she shall return the application to the city engineer with appropriate scoping guidance to be furnished to the applicant for preparation of necessary environmental studies, or for the preparation of an application for environmental initial study.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
As a prerequisite of issuance of any grading permit, the owner of the site to be graded, and the contractor, if any, shall grant to the city permission, a right of entry into the site for inspection and/or correction of grading not performed in compliance with the terms and conditions of the permit. The owner and the contractor shall agree to indemnify the city for any claims or damages which may result from the city's entry onto the property including any corrective action taken pursuant to such right of entry. The right of entry and indemnification agreement form shall be approved by the city attorney.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
Except for the movement of earth for small projects such as custom lots, individual building foundations, and driveways as approved by the development services director, or for local roads or trenches to mitigate a geologic hazard to adjacent property, or as required for the construction of necessary access or fire roads, as approved by the city engineer, no person shall grade upon nor shall any permit be issued for grading upon natural grades or slopes which exceed twenty-five percent gradient through a vertical rise of more than twenty-five feet, unless specifically approved by the city council or planning commission.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
Nonstructural (uncompacted) fills are prohibited, except for temporary stockpiles, unless specifically authorized by the city engineer.
B. 
Applications for grading permits involving nonstructural fills shall be accompanied by an agreement signed by the property owner. The agreement for development of nonstructural fills shall be prepared by the city engineer and shall contain the following provisions and such other provisions as may, in the opinion of the city attorney and of the city engineer, to afford protection to the property owner and the city:
1. 
The development work shall be designated as nonstructural fill and shall be constructed in accordance with grading plans approved by the city engineer;
2. 
The owner acknowledges that as a nonstructural fill, the site is not eligible for a building permit until, subject to the review and approval of the city engineer, a soils investigation report, additional geotechnical reports in accordance with Section 18.08.120, and any other pertinent information as deemed necessary by the city engineer, have been submitted and approved by the city;
3. 
The land development work shall be done and maintained in a safe, sanitary and non-nuisance condition at the sole cost, risk and responsibility of the owner and his or her successors in interest, who shall hold the city harmless with respect thereto;
4. 
The agreement for nonstructural fills shall be presented to the city council for approval, and if approved, shall be recorded in the office of the San Diego County recorder. The notice shall remain in effect until release of the agreement is filed by the city engineer.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
For all public watercourses, the applicant may be required to grant or cause to be granted to the city, a drainage easement in accordance with the specifications set forth by the city engineer prior to the issuance of the grading permit.
B. 
For all private watercourses where the continuous functioning of the drainage way is essential to the protection and use of multiple properties, the applicant may be required to record a covenant, a maintenance agreement and/or deed restriction placing the responsibility for the maintenance of the drainage way(s) on the owners of record of each respective lot affected. Permanent off-site drainage easements, as required by the city engineer, shall be acquired by the applicant. Such easements shall be subject to approval by the city engineer and recorded prior to issuance of the grading permit.
C. 
For all watercourses where no public or private improvements are to be installed, but which must, in the opinion of the city engineer, be kept open and clear for natural stormwater runoff, the applicant may be required, prior to the issuance of a grading permit, to grant a flowage easement to the city. Flowage easements shall be granted on a form approved by the city attorney.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
Any grading permit application for which a valid grading permit has not been issued, whether or not the grading plans have been approved and signed by the city engineer, shall expire, automatically, one hundred eighty days after receipt of the application by the city, after which time the application and plans shall be deemed as expired and invalid.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
The city engineer shall issue grading permits for land development work upon approval of applications and plans; receipt of prescribed studies, reports and other required documents, receipt of fees, and securities, receipt of the required originals, sepias and prints of the approved grading plans signed by the city engineer, the soil engineer, the landscape architect, the engineer geologist and others as required by the city engineer, who have been retained by the permittee to perform the work. The permit shall include, or refer to, the conditions, plans and specifications which shall govern the work authorized.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
Hazardous Grading. The city engineer shall not issue a grading permit in any case where he or she finds or where it may reasonably be inferred that the work as proposed by the applicant will:
1. 
Damage any private or public property; or
2. 
Expose any property to landslide or geologic hazard; or
3. 
Adversely interfere with existing drainage courses or patterns; or
4. 
Cause erosion which could result in the depositing of mud, silt, or debris on any public or private street or way or in the city's MS4; or
5. 
Create any hazard to person or property.
B. 
Geological Hazard. If, in the opinion of the city engineer, the land area for which grading is proposed is subject to geological hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to person or property, the grading permit shall be denied.
C. 
Flood Hazard. If, in the opinion of the city engineer, the proposed grading would adversely affect the flow of runoff or would alter runoff to the detriment of upstream, downstream or adjacent properties, the grading permit shall be denied.
D. 
Subdivision or Zoning Permits. Under either of the following circumstances, a grading permit shall not be issued unless and until a subdivision map or a zoning permit has been approved or conditionally approved, and it has been determined by the city engineer and the development services director that the subdivision map or zoning permit is not threatened with expiration:
1. 
If the purpose of the proposed grading, as stated in the application is to prepare the land for subdivision or for some use for which a zoning permit is required; or
2. 
Notwithstanding the purpose of the proposed grading as stated in the application, if the city engineer and development services director find that the purpose of the proposed grading is to prepare the land for subdivision or other purpose for which a zoning permit is required.
E. 
Other Reasons. The city engineer shall deny issuance of a grading permit if so directed by the city council; or if prohibited therefrom by a duly enacted moratorium, court order, injunction, or other legal order; or if the applicant or owner has failed to comply with the provisions of this code; or if the work proposed is not consistent with the city general plan, or any element thereof, or any specific plan, land use ordinance or regulation, zoning ordinance regulation or permit, or subdivision map. The city engineer shall deny applications which are not in the interest of the public health, safety, or general welfare, or do not constitute a reasonable use of land as indicated by the existing zoning or an approved land use plan.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
An applicant may appeal the city engineer's denial of, or the conditions of approval of, an application for a grading permit to the city planning commission. The applicant or the permittee may appeal a decision of the city engineer within ten working days after the decision is made. Appeals shall be in writing and shall state the specific nature of the appeal. Appeals shall be filed with the development services director, who shall set a hearing within sixty days, and shall notify the owners of record, interested persons signing the appeal in question, and owners of adjacent land identified by the city engineer as being affected by the proposed grading. The decision of the planning commission may be appealed to the city council.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
Expiration. Every duly issued grading permit shall be valid for the time period specified on the permit up to a maximum of one year from the date of issuance. All work covered in the permit shall be completed within such a period, except as specified in this section.
B. 
Every permit issued shall expire by limitation and become null and void if the work authorized by the permit is not commenced and diligently pursued within one hundred eighty days from the date of permit issuance, or stopped, suspended or abandoned for a period of one hundred eighty days.
C. 
If work is not commenced or diligently pursued, within the extension period specified in this section, then the permit shall thereafter be deemed expired and null and void.
D. 
For purposes of this section, "diligently pursued" work shall be grading of such magnitude, frequency, or complexity as to require the regular services of the permittee's soil engineer and/or civil engineer or other professionals, and which is inspected at regular intervals by the city.
E. 
Extensions. Upon written request from the permittee, submitted prior to the expiration of the one hundred eighty-day period in which work was to commence, the city engineer may extend the period in which the permittee must start work, for one hundred eighty days, provided the permittee demonstrates that circumstances beyond the permittee's control prevented commencement of the approved work.
F. 
If the work authorized by the grading permit is not completed within the permit period, the city engineer, upon written request from the permittee, submitted prior to the expiration of the permit, may extend the permit for a period of one year.
G. 
Cancellation. The city engineer may cancel a permit or may require the plans to be amended in the interest of public health, safety and welfare or under any of the following conditions upon the request of the permittee.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
The city engineer may revoke any permit granted under the provisions of this chapter if the city engineer determines that the permit was obtained by fraud, or that one or more of the conditions upon which the permit was granted have been violated, or that the permittee failed or refused to correct a deficiency or hazard upon the receipt of written notice and within the time specified in such notices, or that the permittee fails or refuses to perform any of the conditions or standards established for any subdivision, zoning permit or other approval granted by the city, or fails to correct any hazard or condition as referred to in Section 18.08.590.
B. 
The permittee, owner or other party aggrieved or adversely affected by the revocation of the grading permit may appeal such action to the city council. Any such appeal shall be in writing, accompanied by a filing fee as shown in the master fee schedule and submitted to the city clerk within ten working days after the decision is made by the city engineer. The appeal shall cite reasons and contain other information as necessary to explain why the city engineer's action should be rescinded or modified. Upon receipt of any such written appeal, the city clerk shall set the matter for public hearing.
C. 
Any interested person may appear at the hearing and present evidence. At the conclusion of deliberations on an appeal of a permit revocation, the city council may deny the appeal, modify existing conditions of, or add new conditions to the permit, or reinstate the permit.
D. 
If a permit is revoked, no further work shall be done upon that site except to correct hazards and to complete any work required by the permittee's agreement with the city engineer or city council. Every agreement and every security required by this chapter shall remain in full force and effect notwithstanding any revocation.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
Fees required by this chapter shall be collected by the finance director. Such fees shall be as presently designed or as may in the future be amended.
B. 
The city engineer may require the payment of additional fees for any of the following reasons:
1. 
Extension or renewal of the grading permit;
2. 
Enlargement of the scope or quantity of grading or any change which increased the need for inspection or administration of the project;
3. 
Additional soil or geotechnical review by a third party of any modified grading.
C. 
No permit shall be issued, and no land development shall be permitted until the fees applicable under this chapter have been received by the finance director.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
Before accepting an application for grading and/or landscape and irrigation plans and specifications for checking, the finance director shall collect a plan-checking fee. The amount of the plan-checking fee for grading and landscape and irrigation plans shall be as determined by the city engineer and as set forth by council resolution.
B. 
The plan checking fee for a grading permit authorizing additional work under a valid permit shall be the difference between the plan check fee paid for the original permit and the fee required for the entire project.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
Before accepting a preliminary soils engineering report for review, the finance director shall collect a report review fee. A fee will be charged for each individual report submitted for review. The amount of the review fee shall be as determined by the city engineer and set forth by council resolution. Additional deposits may be required for independent review of the soil engineering report.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
Prior to the issuance of the grading permit, a deposit shall be paid to the finance director to cover the city's expenses, costs, and overhead for field inspection, office engineering, and administration of the work performed, including landscape and irrigation work. This will be based on an estimate of the hours needed for inspection. The amount of the deposit shall be as determined by the city engineer.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
In addition to any penalty prescribed for violation of this code or for violation of the provisions of this chapter, and in addition to the fees required in this chapter, a separate fee of one hundred dollars shall be assessed for any work for which a permit is required by this chapter, commenced prior to obtaining such permit. Payment of such fee shall not relieve any person from any liability under the provisions of this code or from fully complying with the requirements of this chapter. The fee prescribed in this section shall not be construed as penalty but is added to defray the expense of the enforcement of the provisions of the chapter and shall be assessed for each violation cited.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
Permits for grading when approved and inspected by a city, county, state or federal agency, may be issued without all or part payment of any of the above fees as approved by the city engineer.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
No fee collected pursuant to this chapter shall be refunded in whole or in part except as provided in this section:
1. 
Plan check fees may be refunded, less any city expenses, including overhead incurred, upon the applicant's request, provided no plan checking has commenced. There shall be no refund of any plan check fees after issuance of a permit.
2. 
Report Review Fees. Prior to review of a report, any fees paid for report review shall be fully refundable, less a handling charge, upon the applicant's request, providing the permit has expired, or is withdrawn, or if the project does not warrant preparation of a soil engineering report.
3. 
Grading inspection fees may be refunded in full, less a handling charge and city expenses, at any time prior to the start of the work authorized by the permit, upon the applicant's request, provide the grading application has expired or has been withdrawn.
B. 
No refund shall be made, however, if the applicant or permittee has any outstanding debts owed to the city, or if corrective work remains to be done on the grading work itself.
C. 
No refund shall be made pursuant to this section if a request for refund is submitted to the city more than one year from the date of payment of the fee as to which a refund is claimed; nor shall any refund be paid if the total refundable amount, after deduction of city costs as provided in this section, is less than twenty-five dollars.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)