The purpose of this article is to safeguard the public, minimize hazards to property, control erosion and protect against sedimentation of watercourses and protect the safety, use and stability of public rights-of-way by establishing standards and providing regulations to control excavation, grading and earthwork construction.
(Amended by Ord. No. 3457, effective 4-17-14)
All grading activities are to occur pursuant to the provisions of Appendix J (Grading) of the California Building Code and Article 7 (Excavation and Grading). In the event of any conflict between the provisions of this article and Appendix J (Grading) of the California Building Code, this article shall prevail.
(Amended by Ord. No. 3457, effective 4-17-14)
A grading permit shall be obtained before beginning any grading, excavation, fill, or dredging activities, except for the activities listed in Appendix J, Section J103.2 (Exemptions) of the California Building Code and the following activities:
(a) 
Grading for agricultural purposes, land leveling and related farmland grading including, but not limited to, the construction of stock ponds and access roads developed to support crop production or grazing activities, provided the grading is not adjacent to a public right-of-way and will not increase the height of lands adjacent to the public right-of-way or other grading activity resulting in increased potential for flooding of the public right-of-way and does not obstruct a watercourse in violation of Chapter 15 (Watercourses) of Part IV (Health, Safety and Sanitation) of this Ordinance Code.
(b) 
An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than 5 feet after the completion of such structure.
(c) 
Excavations for wells, tunnels or utilities, including pipelines and conduits.
(d) 
An excavation which (a) is less than two (2) feet in depth, or (b) which does not create a cut slope greater than five (5) feet in height and steeper than one and one half (1 1/2) horizontal to one vertical. This exception shall be applicable to the re-grading of existing roads, provided the regrading is performed in accordance with the standards contained in this paragraph.
(e) 
A fill which is less than one (1) foot in depth and placed on natural terrain with a slope flatter than five (5) horizontal to one (1) vertical. This exception shall be applicable to the re-grading of existing roads, provided the re-grading is performed in accordance with the standards contained in this paragraph.
(f) 
Grading associated with a soil or water conservation project regulated by the U.S. Department of Agriculture, Soil Conservation Service or the State of California Department of Water Conservation.
(g) 
Grading for subdivisions approved pursuant to Chapter 1 (Subdivision of Land) of Part VII (Land Use Regulation and Planning) of this Ordinance Code or public projects conducted or approved by the Resource Management Agency Director or authorized representative.
(h) 
Grading for which a grading and slope stabilization plan was prepared in accordance with Section 18.7.B.2 ("F" Foothill Combining Zone, B-Use, 2-Uses Requiring Site Plan) of Ordinance No. 352 (commonly referred to as the Tulare County Zoning Ordinance) and approved by the Planning Commission pursuant to Section 16.2 (Site Plan Review) of Ordinance No. 352.
(i) 
Grading projects not otherwise exempt under this section, where grading will require movement of less than 1250 cubic yards of material, provided grading is to take place on slopes of less than thirty percent (30%) and does not obstruct a drainage course; or where the grading is to take place on slopes of less than five percent (5%).
(Amended by Ord. No. 3457, effective 4-17-14)
Where grading is not exempt under Section 7-15-1360 (Grading Activities Exempted) but will require movement of five thousand cubic yards of material or less, the grading project will be a "regular grading" project for the purpose of applying this article, Article 7 (Excavation and Grading) of this Ordinance Code and Appendix J (Grading) of the California Building Code. However, such grading will not be considered "regular grading" if the Resource Management Agency Director or authorized representative determines that the geologic and/or hydrologic characteristics of the site are such that the proposed grading project may adversely affect the public health or safety or damage property, improvements or watercourses in the vicinity of the site. If such a determination is made, the grading project shall conform to engineered grading requirements.
(Amended by Ord. No. 3457, effective 4-17-14)
Where grading will require the movement of more than five thousand (5000) cubic yards of material, the grading project will be an "engineered grading" project for the purpose of applying Article 7 (Excavation and Grading) of this Ordinance Code and Appendix J (Grading) of the California Building Code.
(Amended by Ord. No. 3457, effective 4-17-14)
Except where exempted by Section 7-15-1360 (Grading Activities Exempted) Article 7 (Excavation and Grading), no person shall do any grading without first obtaining a grading permit from the Resource Management Agency Director or authorized representative. Grading permit applications shall be filed in accordance with Appendix J (Grading), Section J104 (Permit Application and Submittals) of the California Building Code and as provided in Sections 7-15-1380 (Permit Application Filing Requirements Engineered Grading) and 7-15-1385 (Permit Application Requirements Regular Grading) of this Ordinance Code. A separate permit shall be required for each site, except as provided herein, and may cover both excavations and fills. Adjacent sites being graded as one integrated project shall be considered as one site for purposes of applying this Article 7 (Excavation and Grading).
(Amended by Ord. No. 3457, effective 4-17-14)
In addition to the requirements set forth in Section 7-15-1385 (Permit Application Filing Requirements Regular Grading) and Appendix J (Grading), Section J104 (Permit Application and Submittals) of the California Building Code, the following information shall be provided in conjunction with the plans and specifications for regular grading:
(a) 
Proposed use of the site necessitating grading.
(b) 
The location of the source of material to be used for fill and/or location to which excavated material will be moved. If material is to be exported or imported, the location of the source or fill area shall be submitted before a grading permit will be issued.
(c) 
Intended means of re-vegetation, including, if applicable, the location, species, container size and quantity of plant materials proposed, and the proposed time of planting.
(d) 
Protective measures to be taken during and immediately following construction, such as hydro mulching, berms (temporary or permanent), interceptor ditches, subsurface drains, terraces, and/or sediment traps in order to prevent erosion of the cut faces of excavating or of the sloping surfaces of fills.
(Amended by Ord. No. 3457, effective 4-17-14)
In addition to the requirements set forth in Appendix J (Grading), Section J104 (Permit Applications and Submittals), Section J106 (Excavations et seq.), Section J107 (Fills et seq.), Section J108 (Setbacks), Section J109 (Drainage and Terracing et seq.), Section J110 (Erosion Control et seq.) of the California Building Code applicable to regular grading, two (2) copies of a plot plan shall be submitted in conjunction with each application for a regular grading permit. The plot plan shall be drawn to a scale which renders all information legible and shall contain the following information:
(a) 
Name and address of the owner of the property.
(b) 
The location of the property on which the proposed work is to be done by legal description, street address, Assessor’s Parcel Number or similar description that will readily identify and locate the property.
(c) 
Names, location and dimensions of all adjoining streets, both public and private.
(d) 
Proposed use of the site necessitating grading.
(e) 
The property lines and property dimensions.
(f) 
The location, size and shape of any structures presently on the site and proposed for construction, and their distance to property lines.
(g) 
Location and nature of all utilities including septic tanks, leach fields, community sewage systems and potable water sources.
(h) 
The location of prominent natural features including streams, creeks, drainage courses, irrigation ditches and large rock outcroppings.
(i) 
The location, alignment and extent of the proposed grading activities.
(j) 
The location of the source of material to be used for fill and/or location to which excavation material will be moved. If material is to be exported or imported, the location of the source or fill area shall be submitted before a grading permit will be issued.
(k) 
The intended means of re-vegetation, if applicable, and protective measures to be taken during and following construction to prevent erosion of the cut faces of excavations or the sloping surfaces of fills.
(l) 
A north arrow.
(Amended by Ord. No. 3457, effective 4-17-14)
Upon written request by the grading project’s sponsor, the Resource Management Agency Director or authorized representative may waive any of the items required to be shown on or accompanied with plans and specifications or plot plan, as provided in Sections 7-15-1375 (Grading Permits Required), Section 7-15-1380 (Permit Application Filing Requirements Engineered Grading) and Section 7-15-1385 (Permit Application Filing Requirements Regular Grading) of this Ordinance Code, if the Resource Management Agency Director or authorized representative determines that the filing of the information will not serve the purposes of this ordinance.
(Amended by Ord. No. 3457, effective 4-17-14)
The provisions of Chapter 15 (Building Regulations) are applicable to grading permits. The Resource Management Agency Director or authorized representative may require that grading operations and project designs be modified if delays occur which incur weather-generated problems not considered at the time the permit was issued.
(Amended by Ord. No. 3457, effective 4-17-14)
Fees for plan checking and grading inspection shall be in accordance with fees as adopted by the Board of Supervisors from time to time.
(Amended by Ord. No. 3457, effective 4-17-14)
Guarantees of performance may be required by the Resource Management Agency Director or authorized representative who may require a deposit security with the Resource Management Agency to assure that the requesting party will comply with all of the terms and conditions of the permit. Such security shall be in favor of the County of Tulare and shall be in one of the following forms:
(a) 
One or more irrevocable performance bonds issued by one or more reputable corporate sureties duly and legally licensed to transact business in the State of California and bearing the name and address of said surety clearly upon the face of the bond provided.
(b) 
A deposit of cash with the Resource Management Agency or in escrow with a responsible escrow agent or trust company.
(c) 
An instrument of credit from one or more financial institutions subject to regulation by the California State or Federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.
(d) 
An assignment or transfer of rights in an account, deposit or certificate insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, in or with one or more financial institutions subject to regulation by the California State or Federal government, upon a form approved by the Tulare County Board of Supervisors.
(e) 
A certificate of deposit issued by a financial institution regulated by the California State or Federal Government, issued in favor of the County of Tulare, and allowing the County to receive cash in exchange for the certificate at least once during each six (6) month period.
Such security shall be in the amount of one hundred and ten percent (110%) of the estimated cost to the County to contract for the completion of the work required in order to comply with all of the terms and conditions should the requesting party fail to complete such work. Said estimated cost shall be determined by the Resource Management Agency Director or authorized representative.
(Amended by Ord. No. 3457, effective 4-17-14)
Whenever the Resource Management Agency Director or authorized representative determines that a default has occurred in the performance of any term or condition of a grading permit, a written notice shall be given of such default to the permittee, and to the surety if a surety bond has been posted, and to the financial institution issuing the instrument of credit if an instrument of credit has been posted. The notice of default shall state the work to be done, the estimated cost thereof and the period of time determined by the Resource Management Agency Director or authorized representative to be reasonably necessary for the completion of such work. If a surety bond has been posted, the surety shall cause the required work to be performed within the time specified in the notice and, if said work is not performed, the Resource Management Agency Director or authorized representative shall cause the required work to be done by contract or otherwise, as may be appropriate, and the County Counsel shall commence the necessary legal proceedings to recover the cost of performing the work plus ten percent (10%). If the security is in the form of a cash deposit, an instrument of credit or negotiable bonds, and the permittee does not perform the required work within the time specified in the notice of default, the Resource Management Agency Director or authorized representative shall use the funds available from such security and cause the required work to be done by contract or otherwise, as may be appropriate. Upon completion of said work, the balance, if any, of such cash deposit or monies made available pursuant to an instrument of credit or negotiable bonds, after deducting therefrom the cost of performing the work, plus ten percent (10%), shall be returned to the permittee or his successors or assigns.
(Added by Ord. No. 3457, effective 4-17-14)
Any surety bond or instrument of credit posted as security pursuant to this Article shall remain in effect until the Resource Management Agency Director or authorized representative gives written notice to the interested parties that all of the terms and conditions of the grading permit have been complied with. If security in the form of cash or negotiable bonds has been deposited, said security shall be returned to the depositor or to his successors or assigns when all of the terms and conditions of the grading permit have been complied with, except any portion of said security that has been used or deducted pursuant to the provisions of this Article.
(Added by Ord. No. 3457, effective 4-17-14)
All grading operations for which a permit is required are subject to inspection by the Resource Management Agency Director or authorized representative and are to be performed in accordance with Appendix J (Grading), Section J105 (Inspections et seq.) of the California Building Code.
(Amended by Ord. No. 3457, effective 4-17-14)
Completion of grading operations shall be in accordance with Appendix J (Grading), Section J105 (Inspections et seq.) of the California Building Code.
(Amended by Ord. No. 3457, effective 4-17-14)
All excavations and fills subject to a grading permit are to be constructed in accordance with the provisions of Appendix J (Grading), Sections J106 (Excavations), Section J107 (Fills), Section J108 (Setbacks), Section J109 (Drainage and Terracing), and Section J110 (Erosion Control) of the California Building Code, and the following standards, unless otherwise recommended in the approved soils engineering and/or geology report:
(a) 
Area of Cuts and Fills. Cuts and fills are to be limited to minimum amount necessary to provide stable embankments for required parking areas or street rights-of-way, structural foundations and adequate yard area or outdoor storage or sales area incidental to a nonresidential use.
(b) 
Creation of Building Sites Slope Limitation. Grading for the purpose of creating a site for a building or structure shall be prohibited on slopes of greater than 30% except where it can be demonstrated through submitted grading and construction plans and specifications that the problems inherent in developing on such slopes can be mitigated.
(c) 
Final Contours. Contours, elevations and shapes of finished surfaces are to be blended with adjacent natural terrain to achieve a consistent grade and natural appearance. Borders of cut slopes and fills are to be rounded off to a minimum radius of five feet to blend with the natural terrain.
(d) 
Grading Near Watercourses. Grading, dredging or diking shall not alter any intermittent or perennial stream, or natural body of water shown on any USGS seven and one half (7 1/2) or fifteen (15) minute series map, except as permitted through approval of all required permits which may include, but is not limited to, a Stream or Lake Alteration Agreement from the California Department of Fish and Wildlife, an Encroachment Permit from the California Reclamation Board and a drainage plan approved by the County of Tulare pursuant to Section 18.7.D.2 ("F" Foothill Combining Zone, D – Special Filing Requirements, 2 Final Site Plan) of Ordinance No. 352 (commonly referred to as the Tulare County Zoning Ordinance).
Watercourses are to be protected as follows:
(1) 
Watercourses shall not be obstructed unless an alternate drainage facility is approved which provides for the free flow of water.
(2) 
Fill slopes shall not extend into natural watercourses or constructed channels.
(3) 
Grading equipment shall not cross or disturb channels containing live streams without the implementation of siltation control measures approved by the Resource Management Agency Director or authorized representative.
(4) 
Excavated materials shall not be deposited or stored in or alongside a watercourse where the materials can be washed away by high water or storm runoff.
(e) 
Re-vegetation. Where natural vegetation has been removed through grading in areas not to be occupied by structures, such areas are to be replanted as set forth in this article to prevent erosion after construction activities are completed. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted.
(f) 
Preparation for Re-vegetation. Topsoil removed from the surface in preparation for grading and construction is to be stored on or near the site and protected from erosion while grading operations are underway, provided that such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved. After completion of such grading, topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting.
(g) 
Methods of Re-vegetation. Acceptable methods of re-vegetation include hydro mulching, or the planting of rye grass, barley or other seed with equivalent germination rates. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to be sown at not less than four pounds to each 1,000 square feet of land area. Other re-vegetation methods offering equivalent protection may be approved by the Resource Management Agency Director or authorized representative. Plant materials are to be watered at intervals sufficient to assure survival and growth. Native plant materials are encouraged to reduce irrigation demands.
(h) 
Timing of Re-vegetation Measures. Permanent re-vegetation or landscaping should begin on the construction site as soon as practical and shall begin no later than six months after achieving final grades and utility emplacements.
(i) 
Responsibility for Maintaining Re-vegetated Areas. The owner of the property shall be responsible for maintaining re-vegetated areas following final inspection approval.
(Amended by Ord. No. 3457, effective 4-17-14)
Appeals of any determination as to conformance with the grading standards in this Chapter may be filed in the manner provided in section 7-15-1050 of this Code.
(Amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)
Existing grading that has become hazardous to life or property is subject to Part IV, Chapter 1 (Public Nuisances et seq.) of the Ordinance Code.
(Amended by Ord. No. 3457, effective 4-17-14)
Any grading performed in violation of this Article shall be deemed an infraction, and upon conviction of the person(s) responsible thereof shall be punishable as provided in Section 125 (Violations) of this Ordinance Code. Such person(s) shall be guilty of a separate offense for each and every day during any portion of which any violation of this Article is committed, continued or permitted by such person(s), and shall be punishable therefor as herein provided.
(Amended by Ord. No. 3457, effective 4-17-14)