This chapter shall be known as the "Grading Ordinance."
(Ord. NS-385 § 4, 1996)
The purpose of this chapter is to establish minimum requirements for grading, including clearing and grubbing of vegetation, to provide for the issuance of ministerial permits and to provide for the enforcement of the requirements. These provisions are supplementary and additional to Title 20, Subdivisions, and Title 21, Zoning, of this code and shall be read and construed as an integral part of these titles and the land development patterns and controls established thereby. It is the intent of the City Council to protect life and property and promote the general welfare; enhance and improve the physical environment of the community; and preserve, subject to economic feasibility, the natural scenic character of the city. The provisions of this chapter shall be administered to achieve the intent expressed above and, to the maximum extent feasible, the following goals:
A.
Facilitate the planning, design and construction of development sites to maximize safety and human enjoyment while protecting, insofar as possible, the surrounding natural environment;
B.
Ensure compatibility of graded land development sites with surrounding land forms and land uses;
C.
Prevent unnecessary and unauthorized grading, including clearing and grubbing of vegetation, on property within Carlsbad;
D.
Preserve natural plant communities and existing mature trees;
E.
Preserve significant cultural and archaeological sites;
F.
Promote the rapid restoration of graded slopes with fire resistant, drought tolerant landscaping that is aesthetically pleasing and which enhances adjacent habitat values; and
G.
Protect public and private property, stormwater conveyance systems, downstream riparian habitats, waterways, wetlands, and lagoons by controlling soil erosion, sedimentation and other potential adverse impacts caused by grading operations or which result as a consequence of the increased rate of surface water runoff from graded sites.
(Ord. NS-385 § 4, 1996; Ord. NS-623 § 1, 2002)
This chapter shall be administered by the City Engineer who shall have the authority and responsibility to:
A.
Establish the form and procedures for application for grading permits required pursuant to this chapter including the certification of completed applications, the approval of grading plans, construction SWPPPs, the establishment of files, the processing of secured grading and erosion control agreements and the collection of fees and security deposits;
B.
Interpret the provisions of this chapter and advise the public regarding requirements for grading plans, construction SWPPPs, specifications and special provisions;
C.
Establish the format and content of grading plans, SWMPs, SWPPPs, specifications and special provisions pursuant to the provisions of this chapter;
D.
Establish and promulgate city standards to govern grading and stormwater standards in accordance with good engineering practice pursuant to the provisions of this chapter;
E.
Issue permits and approve amendments, including extensions, to permits found to conform with this chapter and applicable city standards and the landscape manual;
F.
Issue and maintain permanent records of determinations of exemption authorized by Section 15.16.060;
G.
Approve grading and erosion control agreements;
H.
Accept surety bonds and other forms of security in connection with grading and erosion control agreements;
I.
Monitor compliance of all grading work with city codes, city standards and any limitations of the grading permit;
J.
Record notices of grading violation and/or take other administrative actions against violators of the provisions of this chapter; and
K.
Grant authority to appropriate members of the City Engineer's staff to act on behalf of the City Engineer with regard to any aspect of the administration of the provisions of this chapter.
(Ord. NS-385 § 4, 1996; Ord. NS-881 § 1, 2008; Ord. CS-151 § 2, 2011)
Whenever the following words, terms or phrases are used in this chapter they shall be construed as defined in the following subsections unless from the context in which the word, term, or phrase is used a different meaning is specifically defined or intended.
means a professional engineer in the branch of civil engineering holding a valid certificate of registration issued by the State of California.
means the removal of any and all types of vegetation, roots, stumps or other plant material and the clearing or breaking up of the surface of the land by digging or other means.
means the condition or situation which results when an applicant fails to perform in compliance with the terms and requirements of the grading and erosion control agreement required pursuant to Section 15.16.140 of this chapter.
means the civil engineer responsible for the preparation of the grading and/or construction plans, for the certification of the completed work and preparation of the record plans.
means the cutting, digging, removal, displacement or any other movement of soil, sand, gravel, rock or other similar material from its natural or preexisting location upon or beneath the surface of the earth by the direct action of humans and/or human invention.
means the depositing of soil, sand, gravel, rock, or other similar materials upon or beneath the surface of the earth by the direct action of humans and/or human invention.
means the vertical location of the ground surface upon completion of any excavation or fill.
means a person holding a valid certificate of registration as a geologist in the specialty of engineering geology issued by the State of California under provisions of the Geologist Act of the Business and Professions Code.
means any excavation, fill, clearing and grubbing of vegetation or any combination thereof.
is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is proposed or performed.
means a person holding a valid certificate of registration as an engineer in the specialty of soils engineering issued by the State of California under the provisions of the Business and Professions Code.
means any fill placed on land for which no soil testing was performed or no compaction reports or other soil reports were prepared or submitted.
In addition to the above defined words, terms and phrases, the definition of words, terms and phrases, as described in Chapter 15.04, shall apply to this chapter. |
(Ord. NS-385 § 4, 1996; Ord. NS-623 §§ 2, 9, 10, 2002; Ord. NS-881 § 2, 2008; Ord. CS-151 § 3, 2011)
Except as provided in Section 15.16.060, no person shall do, or cause to be done, any grading, including clearing and grubbing of vegetation, without first having obtained a grading permit.
(Ord. NS-385 § 4, 1996)
A.
A grading permit shall not be required for the following:
1.
Cemetery graves.
2.
Refuse disposal sites controlled by other regulations.
3.
Excavations for wells, tunnels, utilities, or swimming pools/spas.
4.
Exploratory excavations under the direction of soil engineers or engineering geologists.
5.
Clearing and grubbing of vegetation done for the purpose of routine landscape maintenance, the removal of dead or diseased trees or shrubs or the removal of vegetation done upon order of the fire marshal to eliminate a potential fire hazard or for the abatement of weeds.
6.
Clearing and grubbing of vegetation done preparatory to agricultural operations on land which has been used for agricultural purposes within the previous five years.
7.
Grading on a site where the City Engineer finds that the following conditions exist:
a.
The amount of soil material moved does not exceed 200 cubic yards (excluding excavation for basements, foundations and footings);
b.
No fill material is placed on an existing slope steeper than five units horizontal to one vertical;
c.
No cut or fill material exceeds four feet in vertical depth at its deepest point, measured from the existing ground surface.
8.
Grading in an isolated, self-contained area.
9.
Grading associated with stem wall construction.
10.
Retaining walls with a maximum height of six feet and the soil material moved does not exceed 200 cubic yards.
11.
City capital improvement program (CIP) projects and city-initiated improvement and maintenance projects.
12.
Notwithstanding the above, a grading permit shall be required if the City Engineer determines that the work may adversely affect existing drainage patterns, result in a condition which may cause damage to adjacent property now or in the future, or may have a detrimental effect on the public health, safety or welfare.
(Ord. NS-385 § 4, 1996; Ord. NS-623 §§ 3—6, 2002; Ord. NS-881 § 3, 2008; Ord. CS-151 § 3, 2011; Ord. CS-432, 9/27/2022; Ord. CS-474, 8/20/2024)
B.
For minor grading, the City Engineer may modify the requirements of Sections 15.16.067, 15.16.070 and 15.16.080. Subject to a case-by-case determination, permissible modifications may include:
1.
Use of topography from city or other sources, or an assumed elevation datum;
2.
Preparation by a licensed architect or other qualified individual;
3.
Inclusion of the minor grading plan as a sheet in the building plans;
4.
Use of available, historical geotechnical data, with appropriate certifications by a geotechnical engineer.
C.
The grading plan review fee for plans showing minor grading per this section shall be 50% of the grading plan review fee calculated per the current fee schedule. A grading permit is required for minor grading.
(Ord. CS-151 § 5, 2011)
A.
A separate application for a grading plan shall be made in advance of submittal for a grading permit.
B.
Unless otherwise approved by the City Engineer, each application for a grading plan review shall include a complete grading plan review application form, grading plans, specifications, engineering calculations, a soils investigation, a geotechnical report and other such documentation and information as may be necessary to demonstrate that the grading work will be carried out in substantial compliance with all city codes, city standards and the requirements of the landscape manual. Each grading plan review application shall be accompanied by a SWMP and SWPPP prepared in accordance with city standards.
C.
The City Engineer may waive submission of a geotechnical report or other required documents if the applicant clearly demonstrates that the nature of the grading work applied for is such that reviewing of such report or other documents is not necessary to obtain compliance with this code.
D.
A grading plan review fee shall be charged by the city for the processing of the grading plan review. The fee shall be established by resolution of the City Council and is for the purpose of defraying the cost of processing the grading plan review. The grading plan review fee is in addition to any other plan review, inspection and permit issuance fees charged for the issuance of a grading permit or processing improvement plans and building plans or the issuance of permits thereto. An additional grading plan review fee of 25% of the current plan review fee may be charged for grading plan applications for which the city approval is not granted within 24 months following the original date of application.
E.
Grading plan applications for which a permit is not granted within three years following the date of application shall be deemed withdrawn, provided the improvement plans are not associated with a tentative map, tentative parcel map, vesting tentative map, or vesting tentative parcel map, in which case the grading plan application shall be deemed withdrawn on the date of the expiration of the associated tentative map. The grading plans and other documents submitted for review may thereafter be returned to the applicant or destroyed by the City Engineer. In order to renew action on an application after withdrawal, the applicant shall resubmit a new application and pay a new grading plan review application fee.
F.
The City Engineer may authorize refunding of not more than 80% of the grading plan review fee paid when an application for a grading plan is withdrawn (1) in accordance with this section; or (2) upon written application filed by the original permittee not later than 60 days after withdrawal of the grading plan application by the applicant, when withdrawn prior to completion of the grading plan review.
G.
Any application in process on the effective date of this code amendment shall be subject to the provisions of this section. The filing date for such application shall be considered to be the effective date of the code amendment.
(Ord. 881 § 4, 2008; Ord. CS-135 § 2, 2011; Ord. CS-151 § 6, 2011; Ord. CS-474, 8/20/2024)
All grading plans, specifications and engineering reports required for grading permit submittal shall be prepared in accordance with the following requirements:
A.
Grading plans, specifications, engineering calculations and other relevant engineering data shall be prepared by a civil engineer. The grading plans shall be drawn to scale in accordance with city standards and be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this chapter, city standards, the landscape manual and Titles 15, 19, 20 and 21 of this code. All grading plans must include provisions for implementation and maintenance of all stormwater pollution prevention measures identified in the construction SWPPP prepared for the project, pursuant to Title 15 and city standards.
B.
Geotechnical investigation reports shall be based upon the proposed grading plan. The geotechnical investigation report shall include an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geologic conditions on the proposed development. Recommendations included in the report shall be consistent with the provisions of this chapter and city standards and shall be incorporated into the grading plans and/or specifications.
C.
Preliminary soils investigations and report(s) shall be based upon the proposed grading plan. Such report(s) shall include data regarding the nature, distribution and strength of existing soil types at the proposed grading site, recommendations for grading procedures and design criteria for corrective measures, if required by the soils engineer. Recommendations included in the report and approved by the City Engineer shall be incorporated into the grading plans and/or specifications.
D.
SWMPs shall be prepared if the project is subject to priority development project requirements per the SUSMP. SWMPs shall demonstrate how the project satisfies SUSMP requirements and shall recommend all required TCBMPs, which shall be incorporated into the grading plans.
(Ord. 881 § 5, 2008; Ord. CS-151 § 7, 2011)
A.
To obtain a grading permit, the applicant shall first file an application therefor in writing on a form furnished by the City Engineer for that purpose. Every such application shall:
1.
Identify and describe the work to be covered by the grading permit for which the application is made;
2.
Describe the land on which the proposed work is to be done by legal description, street address, and/or similar description that will readily identify and definitely locate the proposed grading work;
3.
State the quantity of excavation and fill for the proposed grading work including the amount of excavation or fill to be imported to or exported from the grading site;
4.
State the name, address, telephone number and State of California certification number of the engineer-of-work, soils engineer and geotechnical engineer who prepared the grading plan, soils report and geotechnical report for the proposed grading work;
5.
State the name, address, telephone number, state contractor's license number and Carlsbad business license number for the contractor who will perform the grading work;
6.
State the name, address and telephone number of the property owner upon whose property the work will be done and the applicant requesting the grading permit;
7.
Be signed by the applicant and property owner or their authorized agent(s); and
8.
Give other such information as may be required by the City Engineer.
B.
Each grading permit application shall be accompanied by:
1.
Grading plans, specifications, calculations, reports and other data as required in Section 15.16.080;
2.
Proof of all other applicable discretionary approvals, including a site plan approved in accordance with such prior discretionary approvals, if any, pursuant to Title 20 or 21, except where:
a.
The grading work is necessary to complete a major arterial roadway or other major public facility, will significantly reduce the need to haul fill material over public roads, or is incidental to the grading for another project which has obtained all appropriate development approvals in accordance with Titles 20 and 21 of this code, or
b.
The grading work is found by the City Planner to be reasonably consistent with the future development of the site pursuant to the site's existing general plan land use classification;
3.
A completed environmental impact assessment form or submittal of other environmental documentation which demonstrates compliance with the California Environmental Quality Act (CEQA) and Title 19 of this code;
4.
All appropriate documentation evidencing the applicant's right to enter upon and grade property not within the ownership of the person signing the grading permit application form;
5.
A grading permit application fee in an amount as established by the City Council by resolution. A separate plan review and/or inspection fee shall apply to retaining walls, SWMP, SWPPP or major drainage structures as provided for elsewhere in this code. There shall be no separate charge for standard terraced drains and similar facilities. If during the grading plan review the grading or other quantities, upon which the grading plan review fee is based, are changed, the applicant shall pay any balance of fees required.
(Ord. NS-385 § 4, 1996; Ord. NS-881 § 6, 2008; Ord. CS-151 § 8, 2011; Ord. CS-164 § 10, 2011)
A.
Each application submittal for a grading permit shall be accompanied by city approved grading plans, SWMP, SWPPP and other such documentation and information as may be necessary to demonstrate that the grading work will be carried out in substantial compliance with all city codes, city standards and the requirements of the landscape manual.
B.
The number of copies and format of the submittal documents required pursuant to this chapter shall be as prescribed by the City Engineer.
C.
All documents shall, upon submittal to the City Engineer, become the property of the city and shall be kept on file with the City Engineer.
(Ord. NS-385 § 4, 1996; Ord. NS-881 § 7, 2008; Ord. CS-151 § 9, 2011)
A.
Each grading permit issued shall be accompanied by a SWPPP prepared in accordance with city standards and approved by the City Engineer.
B.
The City Engineer may also require preparation of a SWPPP, prepared in accordance with city standards, for any person conducting development or other construction activity, including grading activities which are exempt from a grading permit, in order to reduce the risk of contamination of stormwater and the discharge of non-stormwater pollutants to the city's stormwater conveyance system.
C.
Construction activities that have no potential to add pollutants to stormwater or non-stormwater runoff may be exempt from the preparation of a SWPPP, pursuant to the SWPPP exemption requirements of city standards, the general construction permit and the municipal permit. Any construction activity exempted from the preparation of a SWPPP must still comply with the stormwater pollution prevention requirements of city standards at all times during construction.
D.
Each construction SWPPP shall be prepared in a form and include the content as specified in city standards and shall be made to comply with all other applicable NPDES permit requirements.
E.
Construction SWPPP review and inspection fees shall be charged by the city for the processing of the plan review and field inspection of the construction work. The fee shall be established by resolution of the City Council and is for the purpose of defraying the cost of processing the plan review and ensuring compliance with the construction SWPPP during construction. The construction SWPPP review and inspection fees are in addition to any other plan review, inspection and permit issuance fees charged for processing grading plans, improvement plans and building plans or the issuance of permits thereto.
(Ord. NS-881 § 8, 2008; Ord. CS-151 § 10, 2011)
A.
Applications for which no grading permit is issued within three years following the date of application shall be deemed withdrawn. Plans and other documents submitted for review may thereafter be returned to the applicant or destroyed by the City Engineer. In order to renew action on an application after withdrawal, the applicant shall resubmit a new application and pay a new grading permit application fee.
B.
The City Engineer may authorize refunding of the grading permit application fee paid when an application for a grading permit is withdrawn (1) in accordance with this section; or (2) upon written application filed by the original permittee not later than 60 days after withdrawal of the grading permit application by the applicant.
C.
Any application in process on the effective date of this code amendment shall be subject to the provisions of this section. The filing date for such application shall be considered to be the effective date of the code amendment.
(Ord. NS-385 § 4, 1996; Ord. NS-881 § 9, 2008; Ord. CS-124 § 3, 2011)
A.
Following submittal of a completed grading permit application and completion of the following requirements, the City Engineer shall issue a grading permit:
1.
Approval and signature of the grading plans by the City Engineer;
2.
Payment of the grading permit application fee required pursuant to Section 15.16.070(B)(6);
3.
Submittal of a fully executed grading and erosion control agreement together with the required cash and/or other securities;
4.
Approval of a SWMP prepared in accordance with the SUSMP;
5.
Approval of a SWPPP prepared in accordance with this chapter and city standards;
6.
Submittal of proof of valid Coastal Development Permit, Stream Alteration Permit, Army Corps Permit, National Pollutant Discharge Elimination System Permit or other permits, if any, required by other departments or agencies with competent authority; and
B.
The issuance or granting of a grading permit or approval of grading plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter or any other chapter of this code. Permits presuming to give authority to violate or cancel the provisions of this chapter or any other chapter of this code shall not be valid.
C.
The issuance of a grading permit based on approved grading plans, construction SWPPP, specifications and other data shall not prevent the City Engineer from thereafter requiring correction of errors in said plans, specifications and other data, or from preventing grading operations being carried on thereunder when in violation of this chapter or any other chapter of this code.
(Ord. NS-385 § 4, 1996; Ord. NS-881 § 10, 2008; Ord. CS-151 § 11, 2011)
All grading permits shall be subject to the following limitations, requirements and procedures:
A.
Scope of Work—Amendments. Issuance of a grading permit shall constitute authorization to do only that work which is described on the application for the permit and detailed on the grading plans and specifications approved by the City Engineer in accordance with the provisions of this chapter. No approved grading plans or specifications may be modified without approval by the City Engineer of a revised grading plan. Application for the revision of a grading plan shall be submitted to the City Engineer on the prescribed form, accompanied by a grading plan revision fee in the amount set forward in the fee schedule approved by City Council resolution. Modifications which substantially affect the basic tract design or land use as described on any prior discretionary approvals, issued pursuant to Titles 20 and 21 of this code, must have the approval of the appropriate approving authority.
B.
Jurisdictions of Other Agencies. Permits issued under the provisions of this chapter shall not relieve the owner of the responsibility for securing permits or licenses that may be required from other departments or divisions of all governing agencies.
C.
Time Limits—Extensions. The permittee shall fully perform and complete all of the work required to be done pursuant to the grading permit within the time limit specified therein or, if no time is so specified, within one year after the date of issuance of the permit. The specified time limit may be extended by action of the City Engineer upon written request of the permittee, owner or surety showing that good and sufficient cause has prevented the permittee from completing the grading work within the allotted time limit. All such extension requests shall be accompanied by an extension fee in an amount as established by City Council resolution.
D.
Time of Grading Operations. For permitted hours of operation and signage requirements, refer to Chapter 8.48.
E.
Noise Limitations. The noise limitation provisions of Chapter 8.48 of this code shall be observed.
F.
Hauling Operations. All hauling operations to or from the grading site shall be conducted in accordance with city code, over the route and in accordance with the procedures prescribed by the City Engineer in the grading permit.
G.
Storm Damage Precautions. All grading operations shall install protective measures to prevent unnecessary erosion and sedimentation as follows:
1.
All grading permits issued during the rainy season or within 30 days of the start of the rainy season shall require the installation of erosion and sedimentation control protective measures in advance of the start of the grading work in accordance with city standards;
2.
All grading permits issued earlier than 30 days prior to the start of the rainy season shall require the installation of all erosion and sedimentation control protective measures within 30 days prior to the start of the rainy season in accordance with city standards;
3.
All erosion and sedimentation control protective measures shall be maintained in good working order throughout the duration of the grading operation unless it can be demonstrated to the City Engineer that their removal at an earlier date will not result in any unnecessary erosion of or sedimentation on public or private properties; and
4.
All slopes required to be landscaped and irrigated shall be landscaped and irrigated within the time limits as specified in the landscape manual. All other erosion and sedimentation control protective measures shall be installed as quickly as practicable.
H.
Inspection and Testing. The applicant shall ensure that the work is inspected and tested as follows:
1.
Inspection and testing of the grading work by a soils or civil engineer to ensure proper compaction of fill materials, stability of the cut and fill slopes and general compliance of the grading work with the recommendations of the preliminary soils report, city standards, permit conditions and the provisions of this chapter.
2.
Inspection and survey of the grading work by a civil engineer to ensure that all building pads, street grades and drainage facilities have been constructed in general conformance with the locations and elevations as shown on the approved grading plans.
3.
Where unusual or hazardous geotechnical conditions exist upon or beneath the grading site, a geologist shall inspect all or any portion of the grading work to assure that all geologic and geotechnical conditions have been adequately addressed and that any recommended corrective measures are incorporated into the work.
I.
Partial Releases. The City Engineer may authorize the partial release of a portion of the grading work to allow construction of a structure pursuant to a building permit issued in accordance with this code and in accordance with the following requirements:
1.
Prior to the issuance of such building permit for any given lot or lots, the engineer-of-work, or another civil engineer as may be approved by the City Engineer, shall provide the City Engineer with a written statement certifying that, in their professional opinion, all grading for the proposed building pad was completed within the tolerances allowed pursuant to city standards and that all embankments, cut slopes and pad elevations are constructed as shown on the approved plans.
2.
The soils or civil engineer shall provide the City Engineer with a written statement certifying that, in his or her professional opinion, all embankments beneath the proposed building pad site have been constructed in accordance with city standards and the recommendations of the preliminary soils report.
3.
The City Engineer may also require compliance with any other requirement or condition as may be deemed necessary to ensure the health, safety and welfare of the public prior to release of the site for the purpose of issuing a building permit.
J.
Final Reports. Upon completion of the grading work the permittee shall ensure that the following reports and documents are submitted to the City Engineer:
1.
A written statement signed by the engineer-of-work, or another civil engineer as may be approved by the City Engineer, which shall state that, in his or her professional opinion, all grading work and drainage facilities have been completed in substantial conformance with the grading permit. The approved grading plan on file with the city shall be amended by the engineer-of-work, or another civil engineer as may be approved by the City Engineer, to show the as-built elevations for all pads, streets and drainage facilities together with any other field modifications or changes made to the original approved plans.
2.
A report by a soils or civil engineer which shall include recommended soil bearing capacities for the project site, a statement as to the expansive qualities of the soil, and summaries of field and laboratory tests. The locations of such tests and the limits of the compacted fill shall be shown on a final plan, prepared by the soils or civil engineer and submitted to the City Engineer with the final soils report, which shall also show by plan and cross-section the location of any rock disposal areas, sub-drains and/or buttress fills if such were involved in the grading. The final soils report shall contain a written statement that all soils inspections and tests were made by, or under the supervision of, the soils or civil engineer and that in the professional opinion of the soils or civil engineer, all embankments have been constructed and compacted to city standards and in accordance with the earthwork specification of the preliminary soils report.
3.
A report and an as-graded geologic map of the site prepared by the geologist which shall include specific approval of the grading as affected by geological factors. Where necessary, such report shall include geologic cross-sections and recommendations regarding the location of buildings, sewage disposal systems or any other special requirements.
4.
TCBMP installation certification.
K.
Notification of Noncompliance. If, in the course of fulfilling their responsibility under this chapter, the engineer-of-work, soils engineer or geologist finds that the work is not being done in conformance with the grading permit, this chapter or the approved plans and specifications or with accepted engineering practices, they shall immediately notify the permittee and the City Engineer, in writing, of the nonconformity and of the recommended corrective measures to be taken.
(Ord. NS-385 § 4, 1996; Ord. NS-623 § 8, 2002; Ord. CS-135 § 4, 2011; Ord. CS-151 § 12, 2011; Ord. CS-211 § 3, 2013)
A.
The permittee shall be responsible for the following:
1.
Completion of all work in compliance with the approved grading permit, plans and specifications, city standards, the landscape manual and the requirements of this code;
2.
Protection of public and/or franchise facilities, utilities or services from damage caused by the grading operation;
3.
Protection of adjacent public or private properties from damage caused by the grading operation;
4.
Preservation of adjacent and on site environmental resources, which are outside of the scope of work, from the impacts of the grading operation;
5.
Installation and maintenance of drainage and erosion control measures to protect downstream properties and habitats from flooding, sedimentation and other adverse impacts caused by the grading operation or the increase in surface water runoff resulting from the grading operation; and
6.
Inspection and testing of the grading work to ensure conformance with the plans and specifications, the recommendations of the soils and geotechnical engineers, city standards, the landscape manual and the provisions of this chapter.
B.
The responsibilities described in this section shall also apply to the permittee's authorized agents, contractors or employees; however, any such application shall not in any way relieve or absolve the permittee from the responsibility to grade or to conduct the grading operation consistent with this section or this chapter. The permittee shall have ultimate responsibility over the actions and conduct of any and all authorized agents, contractors and employees with regard to the performance of the permitted work and compliance with this section.
(Ord. NS-385 § 4, 1996)
A.
Secured Agreement Required. Prior to issuance of a grading permit, the permittee shall enter into a secured grading and erosion control agreement with the city to guarantee performance of the grading work in compliance with the grading permit.
B.
Form of Secured Agreement. The grading and erosion control agreement shall be in a form as prescribed by the City Attorney which shall include, but not be limited to, the following:
1.
Incorporation of the grading permit and the approved plans and specifications, including construction SWPPP, as part of the agreement;
2.
Agreement by the permittee to comply with all the terms and conditions of the grading permit including the grading permit time limits;
3.
Agreement by the permittee to comply with all provisions of this chapter and other applicable laws and ordinances;
4.
A cost estimate prepared by a civil engineer which provides for the construction of all earthwork, drainage facilities, retaining walls, TCBMPs, construction BMPs including the cost of maintenance during the period of time the permit is active, geotechnical mitigation measures, landscaping, irrigation and any other items needed to complete the grading work;
5.
Agreement to indemnify and hold the city harmless against any and all claims arising from the performance of the grading work; and
6.
Agreement by the permittee to maintain all safety and stormwater best management practices until the grading work is complete and stabilized against erosion in accordance with city standards.
C.
Security Types. The grading and erosion control agreement shall be secured using one or more of the security types listed in Section 20.16.070.
D.
Security Requirements. Security offered to guarantee performance in connection with the grading and erosion control agreement shall meet the following requirements:
1.
The amount of the security shall be sufficient to guarantee performance of all grading work described on the approved grading plans, construction SWPPP and specifications as estimated in subsection (B)(4);
2.
Surety bonds shall be valid upon the date of filing with the city and shall remain valid until the work has been completed to the satisfaction of the City Engineer. Any extension of the time specified in the permit shall not be cause for release of a surety bond;
3.
The surety company which issues a surety bond shall meet or exceed the minimum qualifications established by the City Council by resolution;
4.
The City Engineer may require that up to 10% of the engineer's estimated cost for the grading work be submitted in the form of a cash deposit, provided however, that no such cash deposit shall be less than $1,500.00. The cash deposit may be utilized by the city to cure any default in regard to the performance of work covered by the grading and erosion control agreement including, but not limited to, cleaning, repair and rehabilitation of public or private facilities that are damaged by sedimentation, erosion or construction activities and to insure that adequate safeguards for the prevention of erosion and sedimentation are in place when needed;
5.
The City Engineer may allow a single security to cover work under multiple grading permits when the work covered is either part of a progressive construction of a single project or when several concurrent projects are being constructed by one permittee. In such cases, the grading and erosion control agreement shall include reference to the multiple permit requirements or a grading and erosion control agreement shall be submitted for each separate permit; and
6.
The City Engineer may permit substitution of the required security either in kind or of any other type allowed for in Section 20.16.070; provided, however, that the substitute security is adequate to insure completion of the remaining work to be performed and the security is found to be of proper form and substance. The original security may be released upon acceptance of the new security and upon determination that all conditions of the permit are being complied with and there is no default as to the performance of the work up to the date of acceptance of the new security.
E.
Secured Agreement Waivers. The City Engineer may waive the requirement for a secured agreement or may waive all or any portion of the security amount if the applicant clearly demonstrates to the City Engineer that the proposed grading work will not adversely affect or will have minimal impact upon public or private property and upon the health, safety and welfare of the public. In no such case, shall the City Engineer reduce the security amount below the amount needed to ensure public safety and to secure the site with stormwater best management practices.
F.
Reduction of Security. The City Engineer may reduce the amount of the security commensurate with the value of the grading work which has been completed. In no case shall the security be reduced below the amount necessary to ensure public health, safety and welfare.
G.
Release of Security. The City Engineer shall release the security held by the city to secure the grading work upon completion of the work in substantial compliance with the terms and conditions of the permit and the provisions of this chapter.
H.
Default Procedures. Whenever the permittee fails to perform in compliance with the terms and requirements of the grading and erosion control agreement, the City Engineer may, in addition to any other administrative and judicial remedies allowed pursuant to this chapter, make a demand upon the cash, letter of credit, surety bond or other collateral held as security for the grading and erosion control agreement in accordance with the following procedures:
1.
Notice of Default. The City Engineer shall send a written notice of default by certified mail to the permittee which specifies the permit number and identifies the location, nature and extent of the activity or condition which contributed to the default. The notice of default shall specify the work to be done to cure the default, the estimated cost of such work and the period of time deemed by the City Engineer to be reasonably necessary for the completion of such work. A copy of the notice of default shall be mailed to the owner of the grading site and to the surety company, bank or institution which provided the security for the grading and erosion control agreement.
2.
Emergency Corrective Actions. In the event the work needed to cure the default is not completed by the permittee, surety company or financial institution within the period of time specified on the notice of default, the City Engineer may thereupon enter the property for the purpose of performing, by city forces or by other means, the necessary corrective or curative work. The cost for such corrective work shall be paid for by the permittee, surety company or financial institution as provided for in this section.
3.
Surety Bond, Letter of Credit or Instrument of Credit. Upon receipt of the notice of default, the surety company or financial institution shall, within the time specified, cause or require the work needed to cure the default to be performed, or failing therein, shall pay over to the city the estimated cost of doing the work as set forth in the notice of default.
4.
Cash Deposit. Upon expiration of the time period specified in the notice of default, the City Engineer may withdraw all or any portion of the cash deposit to reimburse the city for completing or having a third party complete the work needed to cure the default as specified in the notice of default. Upon utilizing the cash deposit, the City Engineer shall notify the applicant in writing of the amount utilized and the purpose for which the deposit was used.
(Ord. NS-385 § 4, 1996; Ord. NS-881 § 11, 2008; Ord. CS-135 § 5, 2011; Ord. CS-151 § 13, 2011)
A.
Applications for grading permits involving uncontrolled stockpiles shall be accompanied by an agreement signed by the property owner.
B.
The agreement shall be in a form as prescribed by the City Attorney which shall include, but not be limited to, the following:
1.
Owner acknowledgment that the grading or fill material is designated as an uncontrolled stockpile;
2.
Owner acknowledgment that the site is not eligible for a building permit unless special soils analysis and foundation design are submitted and approved by the City Engineer or, the site is subsequently graded pursuant to a valid grading permit issued in accordance with the provisions of this chapter;
3.
Agreement by the owner that the grading or stockpile work will be done in accordance with grading plans and specifications as approved by the City Engineer;
4.
Agreement by the owner that the stockpile will be maintained in a safe and sanitary manner at the sole cost, risk and responsibility of the owner;
5.
Agreement by the owner indemnifying and holding the city harmless against any and all claims arising from the grading or maintenance of the stockpile; and
6.
Agreement by the owner that the agreement for uncontrolled stockpile will inure and be binding upon any and all successors in interest to the property.
C.
The agreement for uncontrolled stockpile shall be approved by the City Engineer and recorded by the City Clerk in the office of the County Recorder as constructive notice upon the land involved. The notice shall remain in effect until release of the agreement is filed by the City Engineer.
(Ord. NS-385 § 4, 1996)
A.
An individual may appeal the decision of the City Engineer made in regard to administration of this chapter to the City Council within 10 calendar days following the decision. Appeals shall be in writing, filed with the City Clerk and shall state the basis for the appeal. Fees for filing an appeal shall be in an amount as established by resolution of the City Council. The decision of the City Council shall be final.
B.
The City Clerk shall thereupon fix a time and place for hearing such appeal. The City Clerk shall give notice to the appellant and applicant/permittee of the time and place of hearing by serving the notice personally or by depositing it in the United States Post Office in the city, postage prepaid, addressed to such persons at their last known address.
(Ord. NS-385 § 4, 1996)
A.
It is unlawful to:
1.
Perform grading work without a grading permit when such permit is required pursuant to this chapter;
2.
Perform any grading work which is not in conformance with an approved grading permit;
3.
Make a false statement or furnish false data on any application, grading plan, engineering report or other document required pursuant to the provisions of this chapter; or
4.
Delay, frustrate or otherwise hinder the efforts of the City Engineer or designee from carrying out the duties required pursuant to the provisions of this chapter.
B.
Regardless of whether or not a grading permit has been issued or is required to be issued, it is unlawful for any person to commit or cause to be committed the following acts or, to maintain or cause to be maintained a property in such a manner as to result in the commission of the following acts:
1.
Grading in such a manner as to become a hazard to life and limb or to endanger property or to adversely affect the safe use or stability of a public property, place or way;
2.
Grading without application of appropriate stormwater best management practices (BMPs) in accordance with the provisions of this title, city standards and municipal permit;
3.
Dump, move or place any soil, sand, gravel, rock or other earthen material, or leave any bank, slope or other earthen surface unprotected so as to cause any such earthen material to be deposited upon or to roll, blow or wash upon or over the premises of another without the express consent of the owner of each such premises so affected or, upon or over any public property, place or way. Such consent shall be in writing and in a form acceptable to the City Engineer; or
4.
Transport, haul or otherwise move any soil, sand, gravel, rock or other earthen material over any public or private street, place or way in such a manner as to allow such materials to blow or spill over and upon such public or private street, place or way.
(Ord. NS-385 § 4, 1996; Ord. NS-881 § 12, 2008)
A.
Whenever any work for which a permit is required by this code has been commenced without first obtaining a grading permit or an unlawful act, as defined in Section 15.16.170, has been committed, the City Engineer shall conduct a special investigation into the cause, extent and potential remedial actions that must be undertaken before a new permit may be issued, the stop work notice is removed or the notice of grading violation is released. The City Engineer shall collect an investigation fee from the offender whether or not a permit is then or subsequently issued. The investigation fee shall be established by resolution of the City Council and shall be in addition to any required permit fee. The investigation fee may be reduced or waived if the City Engineer finds that:
1.
The amount of the investigation fee is significantly out of proportion to the cost of the administrative work necessary to investigate the violation or unlawful act;
2.
The violation or unlawful act was not in the control of the property owner and the property owner took immediate action to correct the violation upon notification by the City Engineer; or
3.
The violation or unlawful act was caused by or resulted from an unintentional action or misunderstanding of city codes or a directive issued by the City Engineer or the City Engineer's authorized representative.
B.
The payment of an investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
(Ord. NS-385 § 4, 1996)
Whenever the City Engineer determines that an unlawful act, as defined in Section 15.16.170, has been committed by an individual operating with or without benefit of a grading permit, the following enforcement measures and remedies may be undertaken by the City Engineer, in lieu of or in addition to any remedial actions undertaken in accordance with Section 15.16.140.
A.
Stop Work Notice. The City Engineer may issue a stop work notice demanding that all unlawful activities, as defined in this chapter, be stopped until a valid grading permit is obtained or corrective action is authorized by the City Engineer. The City Engineer may allow continuance of the work to the extent necessary to install protective measures to safeguard the public or to secure the site against erosion, sedimentation and the discharge of non-stormwater pollutants. Prior to resumption of any work, other than as may be permitted by the City Engineer pursuant to this subsection, on a permitted grading operation, the permittee shall restore all cash deposits and/or other securities consumed by the city to the amount specified in the approved grading and erosion control agreement.
B.
Owner Notification. The owner of the property shall be notified in writing that a violation has occurred. The notification shall specify the location, nature and extent of the activity or condition which contributed to the violation, the corrective action needed to cure the violation and the period of time deemed necessary by the City Engineer to correct the violation.
C.
Record Notice of Grading Violation. In the event that the owner does not correct the violation in the manner or within the time period requested by the City Engineer, the City Engineer shall record a notice of grading violation against the property with the County Recorder. Upon completion of any corrective action and/or issuance of a valid grading permit and upon payment of the investigation fee required pursuant to this section, the City Engineer shall file a notice of release of grading violation with the County Recorder releasing the property from the notice of grading violation.
D.
Prohibition of Development Permits. Any property which has a notice of grading violation recorded against it shall be prohibited from obtaining or using any development permit pursuant to Titles 18, 20 and 21 of this code until after all corrective actions are taken in accordance with the requirements of the City Engineer and, a notice of release of grading violation has been recorded with the County Recorder.
E.
Investigation Fee. An investigation fee shall be paid by the person responsible for the violation in accordance with the provisions of this chapter. The payment of such investigation fee shall not relieve any person from the performance of the corrective work or otherwise complying with the requirements of this chapter.
F.
Criminal Penalties. Each person, firm or corporation who commences or does any grading contrary to the provisions of this chapter, or otherwise violates the provisions of this chapter, is guilty of an infraction. Every day during any portion of which any violation of any provisions of this title is committed, continued or permitted by such person, firm or corporation, shall be deemed a separate violation and shall be punishable as provided in this title and in Section 1.08.010(B) of this code.
G.
Abatement of Public Nuisance. Any grading commenced or done contrary to the provisions of this chapter, or other violation of this chapter, shall be, and the same is declared to be, a public nuisance. Upon order of the City Council, the City Attorney shall commence necessary proceedings for the abatement of any such public nuisance in the manner provided by law. Any failure, refusal, or neglect to obtain a permit as required by this chapter shall be prima facie evidence of the fact that a public nuisance has been committed in connection with any grading commenced or done contrary to the provisions of this chapter.
H.
Civil Action. The City Attorney may, at the request of the City Engineer, initiate any appropriate civil action in a court of competent jurisdiction to enforce the stop work notice, including the required corrective actions, and/or the grading and erosion control agreement, including the recovery of any funds expended by the city to abate any public nuisance resulting from an unlawful act as defined in Section 15.16.170 and any additional civil penalties provided for by law.
(Ord. NS-385 § 4, 1996; Ord. NS-881 § 13, 2008)