Effective immediately upon the adoption of the ordinance codified in this chapter, except as provided in Section 8.18.020 of this article, all disking, tilling and grading of property within the city is prohibited. Except for the specific exemptions listed in Section 8.18.020, no person shall do or permit to be done any disking, tilling or grading of property on any site within the city.
(Ord. 2091 § 1, 2002)
The following disking, tilling and grading activities are exempt from the prohibition set forth in Section 8.18.010:
(a) 
Disking or tilling of sites under agricultural cultivation as of May 15, 2000, provided that a grading permit is first obtained.
(b) 
Disking or tilling of subdivided lots zoned residential single-family and residential multifamily or a planned development zone that permits such residential uses, provided that there was an existing single family or multifamily dwelling(s) constructed on the lots for which a certificate(s) of occupancy had been issued as of May 15, 2000.
(c) 
Disking and tilling on individual residential lots for which building permits have been issued as of May 15, 2000, provided that a grading permit is first obtained for such disking or tilling.
(d) 
Grading for which the city has approved a grading plan on or before May 15, 2000.
(e) 
Grading pursuant to an approved development or subdivision entitlement provided that a grading permit is first obtained.
(f) 
Grading necessary for excavation below finished grade for basements and footings of a building authorized by a valid building permit issued by the city.
(g) 
Excavations in connection with a swimming pool authorized by a valid building permit issued by the city.
(h) 
Disking or tilling in community gardens that are designated as community gardens by the director of community development and sustainability.
(i) 
Mowing or flailing weeds and vegetation that does not disturb the soil of ground.
(j) 
Grading, disking or tilling on any other property within the city provided a grading permit issued pursuant to this article is first obtained.
(Ord. 2091 § 2, 2002; Ord. 2390 § 1, 2012)
This article establishes a grading permit process applicable to grading, disking and tilling activities within the city during the next one hundred fifty days to provide procedural safeguards and processes to assure that property will not be graded, disked or tilled without first investigating and safeguarding wildlife protected by state and federal laws that may be present on the property.
(a) 
Permit required. A grading permit may be issued by the director of community development and sustainability as follows:
(1) 
In connection with issuance of a building permit;
(2) 
In connection with the approval of improvement plans for subdivision improvements; or
(3) 
Where there is no building permit or improvement plans required, through the issuance of a grading permit.
(b) 
Conditions of issuance. All permits issued shall be subject to the following conditions:
(1) 
All work shall be performed in accordance with city standards and all applicable state and federal requirements.
(2) 
Grading, disking or tilling shall be limited to the work shown on the grading plans approved by the director.
(3) 
All work shall be done in accordance with any applicable mitigation measures of adverse environmental impacts as disclosed in any environmental document and any conditions or measures set forth in the biological survey report applicable to the property for which the permit is issued and required by the director of community development and sustainability.
(4) 
Any required permits for habitat or wildlife preservation, mitigation or take must be obtained prior to the issuance of any grading permit under this article and compliance with the conditions of such regulatory permits shall be a condition to the issuance of a grading permit.
(5) 
Any additional conditions deemed necessary to protect the public health, safety and welfare, to prevent the creation of a hazard to public or private property, to assure proper completion of the grading, disking or tilling and to safeguard, preserve and conserve any wildlife present on the property.
(6) 
The grading permit shall terminate and be of no further force and effect if the work permitted under the permit is not commenced within thirty days of the date of issuance of the permit and completed within the time set forth in the permit.
(c) 
Applications. Applications for grading permits shall be filed with the department of community development and sustainability. Each application shall include a grading plan checking fee in the amount equal to the amount established for the processing of zoning verifications as set by resolution of the city council, a preliminary grading, disking or tilling plan and a statement of the intended purpose for the grading, disking or tilling. Only one application and permit is allowed for grading, disking or tilling work on each legal parcel. The director shall determine whether the application is complete or whether additional information is required. The applicant will be notified within ten working days if the application is incomplete. Each application shall contain the following:
(1) 
A plan for the work proposed under the permit;
(2) 
A clear and precise description of the property on which the work will be done;
(3) 
A biological survey prepared by an accredited biologist showing the location of nest sites or burrows for any wildlife species listed on the State of California Department of Fish and Game Natural Diversity Database, together with a report on proposed mitigation measures to reduce any impact on such wildlife by reason of the proposed activity. The report shall contain information on whether mowing or flailing can adequately address the property owner's purposes while preserving or conserving the wildlife species and its habitat. The report shall also state whether any state or federal permits are required prior to any activity on the property. The biological survey and report shall have been conducted within one month of the date of the permit application. This requirement may be waived by the director upon submittal of sufficient information by the applicant that the site does not provide habitat to wildlife and by confirmation by visual inspection of the property by the director or designee.
(4) 
Any required soils, erosion, geological, or design information required by the director of community development and sustainability or the director of public works not previously submitted with an application for a subdivision or land use permit or entitlement.
(d) 
Permit issuance. The director of community development and sustainability shall issue the grading permit if the director finds that the permit meets the requirements of this article and that issuance of the permit will not have a significant adverse impact on any wildlife noted on the biological survey and protected under state or federal law. The director shall not issue a permit for disking or grading if the director finds that mowing or flailing will more adequately safeguard the wildlife on the property and meet the needs of the property owner and the city to clear the site to prevent fire hazards.
(e) 
Final grading plans. Final grading plans and specifications shall be prepared and signed by a registered civil engineer and shall meet all current requirements of federal, state and local laws and regulations.
(Ord. 2091 § 3, 2002; Ord. 2390 § 1, 2012)
The issuance of grading approval under the provisions of this article shall not relieve any person from responsibility for damage to any person or property or impose any liability on the City of Davis for damage to any person of property. The issuance of grading approval under the provisions of this article shall not relieve any person from responsibility for compliance with any other applicable laws of regulations related to the disking, tilling, or grading of their property, including, but not limited to, compliance with any applicable state, federal or city laws relating to the environment, wildlife or damage and preservation of wildlife and plant species.
(Ord. 2091 § 4, 2002)
(a) 
Nuisance. Any violation of this article is hereby declared to be a nuisance subject to abatement pursuant to Chapter 23 of the Davis Municipal Code.
(b) 
Misdemeanor. Any person violating the provisions of this article shall be guilty of a misdemeanor.
(c) 
The remedies and violations set forth herein are not exclusive and are in addition to any other remedy or penalty provided for in law for violation of this article or the activities regulated by this article.
(Ord. 2091 § 5, 2002)
As used in this article the following words have the following meanings:
Disking
means any mechanical system designed to turn and pulverize soil to destroy weeds or other plant material. Disking includes all types of harrowing devices designed to turn or level soil.
Grading
means any land excavation or filling or combination thereof, or the plowing under or burial of vegetative groundcover.
Mowing
means the cutting of standing vegetation, grasses or herbage without disturbing the soil in which the vegetation is growing.
Tilling
means the plowing of soil in such a manner as to remove or bury vegetative groundcover.
(Ord. 2091 § 6, 2002)