15.52.030 Permits required.

   A.   Grading Permits. No person shall conduct any grading, stockpiling, excavating, paving, earth moving, filling, clearing, disking, clearing, brushing, or grubbing on natural or existing grade, or perform work that is preparatory to grading, without first having obtained a permit in accordance with this chapter from the city engineer, and without having obtained coverage under the State Water Resources Control Board (SWRCB) National Pollution Discharge Elimination System (NPDES) permit for construction activity (if applicable). Exceptions to this requirement are specified in Section 15.52.040 or as otherwise determined by the city engineer within the spirit or intent of this chapter.

   B.   Paving. No person shall construct pavement surfacing in excess of three thousand (3,000) square feet, on natural or existing grade for the purpose of a private road or commercial, industrial or multi- residential parking lot or travelway without a valid grading permit unless waived by the city engineer or a separate improvement plan for such paving is approved and signed by the city engineer.

   C.   Grading, Watercourse Alteration. No person shall alter an existing watercourse, channel, or revetment by excavating, or placing fill, rock protection or structural improvements therein without a valid grading permit unless waived by the city engineer, performed as interim protection under emergency flood fighting conditions, or a separate improvement plan for such alteration is signed by the city engineer or an authorized flood control district official or other appropriate government official.

   D.   Excavation Blasting Permit. No person shall use explosives and blasting agents to do any excavation without a permit from the appropriate agencies.

(Ord. 349 § 4 (part), 2006: Ord. 97 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code §§ 8.12.100.805--8.12.100.808)

15.52.040 Permit exceptions.

   Grading permits are not required for:

   A.   An excavation below the existing finished grade for recompaction within the building zone (within five (5) feet of footings) or for basements and footings for a building, mobile home, retaining wall, septic system, well, or structure authorized by a building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than two (2) feet after the completion of such structure.

   B.   Cemetery graves.

   C.   Refuse disposal sites controlled by other statutorily authorized regulations or agencies.

   D.   Earthwork or construction controlled by the federal, state, county, or city governments, or by a local agency as defined by Government Code Sections 53090 through 53095 (special districts). Pipeline or conduit excavation and backfill conducted by local agencies or public utilities. Earthwork construction performed by railway companies on their operating property. This exemption, however, shall apply only when the grading activity takes place on the property, or dedicated rights- of-way or easements of the above agencies.

   E.   Excavation and backfill for installation of underground utilities by public utilities or companies operating under the authority of a franchise or public property encroachment permit.

   F.   Mining, quarrying, excavating, processing stockpiling of rock, sand, gravel, aggregate or clay for commercial purposes where established and provided for by a conditional use permit, provided such operations do not affect the lateral support of any adjacent or adjoining properties, or alter the direction of, or contribute to, sedimentation to natural watercourses.

   G.   Exploratory excavations under the direction of civil engineers, geotechnical engineers, engineering geologists, and/or archaeologists or paleontologists, or pursuant to a well permit, provided all excavations are properly backfilled or otherwise restored. All such excavations and trenches are subject to the applicable sections of Title 8 of the State Orders, Division of Industrial Safety.

   H.   An excavation which does nor exceed fifty (50) cubic yards on any one site and: (1) which is less than two (2) feet in vertical depth; or (2) which does not create a cut slope greater than five (5) feet in vertical height and steeper than two horizontal to one vertical (2:1).

   I.   A fill less than one (1) foot in vertical depth, placed on natural grade with a slope flatter than five (5) horizontal to one (1) vertical (5:1), which does not exceed fifty (50) cubic yards on any one lot, does not obstruct a drainage course, and does not support a settlement sensitive structure.

   J.   A fill less than three (3) feet in depth, not intended to support structures or mobile homes, which does not exceed fifty (50) cubic yards on any one lot and does not obstruct a drainage course.

   K.   Grading performed for agricultural purposes in connection with the raising of crops or animals, but not including grading for buildings or structures that require a building permit unless such grading is exempt under other provisions of this section.

   L.   The construction or maintenance of roads or facilities for the generation, storage or transmission of water, including floodwaters or electrical energy by public agencies or their agents. Work may be subject to Water Quality Management Plan (WQMP) requirements. A WQMP high priority project includes the construction or reconstruction of 5,000 square feet of pavement in a parking lot, street, road or highway.

   M.   Clearing and brushing when directed by the fire chief to mitigate a potential fire hazard with the concurrence of the director of planning that such clearing and brushing will not cause significant damage to any rare, endangered or protected species of plant or wildlife or cause any significant damage to any habitat of any rare, endangered or protected species of wildlife or endanger any archaeological or historical resources, open space areas with biological significance, or transition areas between land to be cleared for fire fuel mitigation and permanent open space.

   N.   Clearing and brushing, expressly for the following purposes:

      1.   Routine landscaping and maintenance of already landscaped areas, and the removal of dead or diseased trees or shrubs.

      2.   Clearing which conforms to the location, extent and purpose authorized explicitly by a construction permit pursuant to a discretionary land use permit or a discretionary development permit.

   Note: The above listed exemptions do not apply to clearing, grubbing, brushing, disking or grading when:

         a.   Work will occur in, or physically impact designated or dedicated open space or environmentally sensitive areas designated in the general plan, or the finally adopted plan of any public agency or governmental office with jurisdiction over the site, or shown on any approved specific plan; or

         b.   Work will occur in any waterway or wetland, stream, river, channel, pond, lake, marsh, bog, lagoon, vernal pool, or riparian habitat, except as provided in subsection P. below; or

         c.   Work will occur in any floodway or floodplain as shown on the Federal Emergency Management Agency Flood Plain Maps, or on city revised maps except as provided in subsection P. below.

   O.   Repaving, resurfacing and maintenance of existing private roads and parking lots and the preparation necessary for that work, provided no grading beyond the limits of other exemptions is performed. Work may be subject to WQMP requirements.

   P.   Minor maintenance and alterations to natural drainage areas that do not:

      1.   Obstruct or redirect drainage from adjacent properties; nor

      2.   Divert the outflow of drainage from the existing or natural discharge point of the property; nor

      3.   Concentrate or accelerate the flow of drainage as it leaves the property; nor

      4.   Create ponding, siltation or erosion in or of the streambed; nor

      5.   Disturb wetlands.

(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006)

15.52.050 Organization and enforcement— Powers and duties of the city engineer.

   The provisions of Section 104.2 of the most current edition of the California Building Code shall apply to the city engineer and his or her representative for all grading, construction and earthwork to be done as required by any conditions of a permit issued pursuant to this chapter.

(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006: Ord. 97 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 8.12.100.809)

15.52.060 Organization and enforcement—Violations and penalties.

   A.   It is unlawful for any person, firm or corporation to do grading in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this chapter or state or federal law.

   B.   The issuance of a building permit, performance of building permit inspections, or issuance of a certificate of occupancy may be withheld for property on which a violation of the provisions of this chapter exist, including work performed not in accordance with approved plans, until such violations have been corrected to the satisfaction of the city engineer.

   C.   Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of this chapter, except when an emergency existed which made impractical to first obtain the permit. The determination of the existence of an emergency shall be solely within the discretion of the city engineer and the chief building official. A violation shall result in an assessment of additional fees for work done prior to permit issuance. The fee shall be the actual cost to the city resulting from the illegal activities performed by the applicant, his or her assignee, or his or her employee. Payment of additional fee shall not relieve any person from fully complying with the requirements of this chapter.

   D.   Any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor. Each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violations of any provisions of this chapter are permitted, continued or committed by such person, firm or corporation, and shall be punishable as provided for in Section 1.32, General Penalty, of the Murrieta Municipal Code.

(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006: Ord. 226 § 1, 2000; Ord. 97 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 8.12.100.810)

15.52.070 Organization and enforcement— Hazardous conditions.

   A.   Hazardous conditions exist when the state of any natural ground, natural slopes, excavation, fill or drainage devices are situated on private property in such a manner that they are a hazard to life or limb, or a danger to public safety, or endangers the safety, usability or stability of adjacent property, structures, or public facilities.

   B.   The city engineer or his or her designee (including city code enforcement) may examine or cause to be examined every condition reported as hazardous as set forth in subsection A. of this section. Potential hazards and mitigation are subject to special technical review by the city engineer or his or her duly authorized agents.

   C.   Upon confirmation of a hazardous condition, the city engineer or his or her designee (including city code enforcement) shall provide written notification to the permittee, owner or agent in control of property with confirmed hazardous condition, requiring mitigation of said hazardous condition and stipulation of an acceptable time frame for compliance.

   D.   The permittee, owner or agent in control of the property shall comply with any demand for corrective work or repairs as required. In the event that corrective action is not completed within the period specified in writing, the city may exercise any available recourse for correction of said hazardous condition in accordance with Chapter 8.20, Nuisances Generally of the Murrieta Municipal Code.

(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006: Ord. 97 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 8.12.100.811)

15.52.080 Public nuisance.

   For purposes of this chapter, the following shall constitute a public nuisance:

   A.   Any grading or other work conducted without a permit where it is required by this chapter.

   B.   Any grading or other work done in violation of any of the conditions imposed thereon by a permit issued pursuant to this chapter.

   C.   Any grading or other work which fails to be done as required by any conditions of a permit issued pursuant to this chapter.

   D.   The existence of a hazardous condition as defined in Section 15.52.070 upon the determination by the city engineer that such condition exists.

(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006)

15.52.090 Appeals.

   A.    The applicant, permittee, or any person(s) not satisfied with the decision by the city engineer in regards to issuance of a grading permit or the performance of the permitted work may file a written appeal to the city clerk for a hearing before the city council.

   B.   Any such appeal must be made within three (3) calendar days following the decision.

   C.   The city council will set a hearing to consider the appeal at the earliest possible regularly scheduled city council meeting.

   D.   The city council, after receiving and considering all testimony and pertinent documents, may:

      1.   Uphold the city engineer's decision; or

      2.   Approve the appeal; or

      3.   Modify the city engineer's decision, consistent with the requirements of this chapter.

(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006)