(A) Grading permit required.
(1) Generally. No person shall conduct any grading or clearing, brushing and grubbing on natural or existing grade that is preparatory to grading or land development without first obtaining a grading permit. No person shall conduct any grading or clearing, brushing and grubbing in the following areas without first obtaining a grading permit:
(a) Previously undisturbed land;
(b) Land covered by native vegetation;
(c) Land which has not been used for agricultural purposes for three years immediately prior to the initiation of grading work that is for the purpose of conducting agricultural activities. This section shall not prohibit routine landscape maintenance, the removal of dead or diseased trees or shrubs or the removal of vegetation to eliminate a potential fire hazard upon order of the Fire Marshal.
(2) Responsibility of land owners. No person shall stockpile, deposit or allow the placement or removal of earth material on or from any real property in excess of 100 cubic yards without first obtaining a grading permit.
(a) Borrow site permit. A grading permit which authorizes removal of soil from a site for use elsewhere is subject to conditions which may include, but not limited to, the following items: a plan prepared by a registered civil engineer, an erosion control plan prepared by a registered civil engineer, fencing, hydroseeding and other maintenance requirements. Other conditions may be established, even after the borrow site permit has been issued, in the interest of public health, safety or welfare, as determined by the City Engineer.
(b) Stockpile permit. A grading permit authorizing temporary storage of soil that is to be used for the future development of the stockpile site where there is no current project for storage of soil, for current or future sale or for some other purpose as stated by the property owner. Stockpile permits shall be valid for a maximum of 12 months after issuance. Requests for stockpile permits shall be reviewed on a case-by-case basis. Such requests may be considered to be the establishment of a business and may require review by other city departments. A stockpile permit is subject to all of the same requirements as a borrow site permit.
(3) Pavement surfacing. No person shall construct pavement surfacing in excess of 6,000 square feet, on natural or existing grade, for the purpose of a private road or driveway or a commercial, industrial or multi-residential parking lot or travel-way without first obtaining a grading permit, unless the need for a grading permit is waived by the City Engineer or a separate improvement plan for the pavement surfacing has been approved and signed by the City Engineer. Resurfacing or maintenance of paved surfaces is exempt from this requirement.
(B) Exemptions. The following types of work are exempt from the grading permit requirement in this section.
(1) An excavation below finish grade for basements and footings of a building, mobile home, retaining wall, swimming pool or other structure authorized by a valid building permit or construction permit. This exemption shall not include any fill made with the material from such excavation, any excavation having an unsupported height greater than five feet after the completion of such structure or any unsupported excavation with vertical banks more than two feet high. This exemption shall not prohibit a minimum fee grading permit or soil or geologic report from being required for foundation design and inspection purposes when, in the opinion of the City Engineer, stability considerations warrant such inspection.
(2) An excavation not exceeding 100 cubic yards on a single site that is less than two feet in vertical depth or that does not create a cut slope greater than five feet in vertical height and steeper than a two to one (2:1) horizontal to vertical ratio.
(3) Cemetery graves.
(4) Refuse disposal sites controlled by other regulations.
(5) Earthwork construction regulated by federal, state, county or city governments or by a local agency as defined by Cal. Gov't Code §§ 53090 through 53095 (special districts). Pipeline or conduit excavation and backfill conducted by local agencies or public utilities. Earthwork construction performed by railway companies. This exemption applies only if the earthwork takes place on property under the control of, or dedicated rights-of-way or easements owned by, the aforementioned public agencies.
(6) Excavation and backfill for the installation of underground utilities by public utility companies operating under the authority of a franchise or rights-of-way agreement.
(7) Mining, quarrying, excavating, processing or stock-piling of rock, sand, gravel, aggregate or clay authorized and conducted in accordance with applicable state and local laws, provided such operations do not affect the lateral support or increase the stresses in or pressures upon any adjacent or contiguous property or alter the orientation of natural water courses which may result in adverse changes on adjoining property.
(8) Exploratory excavations under the direction of a soil engineer, engineering geologist, archaeologist or paleontologist, provided all excavations are properly backfilled and compacted or otherwise restored.
(9) A fill not exceeding 100 cubic yards on a single site that is less than one foot in depth, that does not obstruct a drainage course and that is placed on natural grade with a slope flatter than a five to one (5:1) horizontal to vertical ratio.
(10) A fill less than three feet in depth, not intended to support structures or mobile homes, that does not exceed 100 cubic yards on a single site and does not obstruct a drainage course.
(11) Clearing, brushing and minor grading for agricultural purposes provided such operations do not affect the lateral support or increase stresses in or pressures on any contiguous property or alter the orientation of natural water courses which may result in adverse changes on nearby or adjoining property or result in the dumping of organic or hazardous waste not regulated by law. This exemption includes, but is not limited to, contour grading to provide for orchard planting, minor leveling not exceeding three vertical feet of either excavation or fill for row crops, installation of irrigation systems and temporary stockpiling of fertilizer or other agricultural materials.
(C) Additional regulations. Unless otherwise exempt, all excavations and trenches are subject to the applicable sections of the State of California, Division of Safety or Cal-OSHA.
(Ord. 3378 § 5 (part), 2023; Ord. 2568 § 1, 2002.)