(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 maintain land upon which grading without a permit has occurred. A separate grading permit shall be obtained for each site. One permit may cover both an excavation and any fill made with the excavated materials on the same site. A grading permit does not include the construction of retaining walls or other structures. These additional structures shall require separate permits. 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 for agricultural purposes. 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 landowners. No person shall stockpile, deposit, or allow the placement or removal of earth material on or from any real property in excess of 50 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 are not limited to, the following items: a plan prepared by a registered civil engineer, an erosion control plan prepared by a registered civil engineer, and a maintenance requirement plan that outlines project features such as fencing and restoration activities. 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/Public Works Director.
(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. Each stockpile permit shall be valid for a maximum of 12 months after issuance. If after 12 months, there has not been sufficient movement toward the development of the site, the City Engineer/Public Works Director may require the removal of the stockpile, unless an extension has been granted by the City Engineer/Public Works Director to allow the stockpile to remain for an extended period. If after 12 months, there has been sufficient movement toward development of the site and more time is requested by the property owner, the City Engineer/Public Works Director may grant an extension to allow the stockpile to remain for an extended period. Requests for stockpile permits and time extensions shall be reviewed on a project basis. Initial permit 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.
(c) BMPs required. In cases where a grading permit is not required, sediment and erosion control BMPs are still required to ensure the disturbed area will not discharge any sediment, soil, or other material off-site.
(3) Pavement surfacing. No person shall construct pavement surfacing in excess of 5,000 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/Public Works Director or a separate improvement plan for the pavement surfacing has been approved and signed by the City Engineer/Public Works Director. Resurfacing or maintenance of paved surfaces is exempt from this requirement.
(B) Exemptions. The following types of work are exempt from the grading permit requirements in this section, except that the City Engineer/Public Works may require a grading permit where deemed necessary to prevent the potential for adverse impacts upon drainage, sensitive environmental features, or to protect property, health, safety, and welfare. Any project that is exempt from grading permit requirements may still be required by the City Engineer/Public Works Director to submit a grading plan subject to the requirements of § 7.90.050(A), Grading Plan Requirements, for review and approval by the City Engineer/Public Works Director as a part of the building permit application.
(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 collection of applicable fee for issuing a grading permit or soil or geologic report from being required for foundation design and inspection purposes when, in the opinion of the City Engineer/Public Works Director, stability considerations warrant such inspection.
(2) An excavation not exceeding 50 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) A fill not exceeding 50 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.
(4) A fill less than three feet in depth, not intended to support structures or mobile homes, that does not exceed 50 cubic yards on a single site and does not obstruct a drainage course.
(5) Cemetery graves.
(6) Refuse disposal sites controlled by other regulatory agencies and regulations.
(7) 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.
(8) Mining, quarrying, excavating, processing, or stockpiling 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.
(9) 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.
(10) Clearing, brushing, fuel modification activities, 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, nor 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. 2022-364, passed 11-16-2022)