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;
5.
Drainage
study;
6.
Haul
route, including source of borrow or disposal;
7.
Erosion
control plan;
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.
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(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.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015; Ord. 436 § 1, 2016)
All dischargers engaged in land disturbance activities shall implement BMPs as detailed in the city's BMP Manual, this chapter, and Chapter 8.48, as applicable to the project.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
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:
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)
