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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)
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)
A. To obtain a grading permit, the applicant shall file an application in writing on a form furnished by the city engineer for that purpose.
B. Applications for which no permit is issued within one hundred eighty (180) days following the date of application shall expire, and plans submitted for checking may thereafter be returned to the applicant or may be destroyed by the city engineer without additional notice to the applicant.
C. The city engineer may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon written request by the applicant showing that circumstances beyond the reasonable control of the applicant have prevented action from being taken.
D. In order to renew action for an application after expiration, the applicant shall resubmit grading plans and pay the most current plan check fee.
(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006: Ord. 97 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 8.12.100.814)
A. Each application for a grading permit shall be accompanied by plans and specifications, soils engineering and geological reports, erosion and sediment control plans, proof of application for coverage under the State Water Resources Control Board (SWRCB) National Pollution Discharge Elimination System (NPDES) permit for construction activity, and all other information required by the city engineer as specified in Subarticle 3.1 of the Grading Manual, and payment of the appropriate fees. The information required on the application form shall be kept current until the conclusion of the permitted activities.
B. Plans and specifications for grading projects requiring permits as defined in Section 15.52.030, Permits Required, of this chapter shall be prepared and signed by the engineer of record. This requirement may be extended to any project when, in the opinion of the city engineer, critical drainage or geologic factors may warrant a need for civil engineering design and control.
C. Grading plans and specifications shall be prepared in accordance with Subarticle 3.1 of the Grading Manual.
(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006: Ord. 97 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 8.12.100.815)
A. Surface and Subsurface Conditions. The city engineer shall require a geotechnical report to correlate surface and subsurface conditions with the proposed grading plan. The results of the investigation shall be presented in a report in conformance with the requirements of this chapter and Subarticle 3.6 of the Grading Manual.
B. Supplemental Reports/data. The city engineer shall require such supplemental reports and data, as he or she deems necessary upon his or her review of the site and the reports and other data submitted. Such required data may include tests for soil fertility and agricultural suitability to be performed at the conclusion of rough grading by a recognized agronomic soil- testing laboratory, with written analysis and recommendation, to be utilized during any required revegetation.
C. Waiver of Geotechnical Report Requirements. For a specific project, the city engineer may determine that the geological and geotechnical conditions at the site are such that public safety is adequately protected and no mitigation is required. This finding shall be based on a report presenting evaluations of site in the immediate vicinity having similar geologic and geotechnical characteristics. The report shall be prepared by a certified engineering geologist or registered civil engineer, having competence in the field of seismic hazard evaluation and mitigation. The city engineer shall provide a written commentary that addresses the report conclusions as justification for waiving the requirement of a geotechnical report for the project. All such waivers shall be recorded with the county recorder and a separate copy, together with the report and commentary, filed with the state geologist within thirty (30) days of the waiver, in accordance with Public Resources Code Section 2697(a).
(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006)
A seismicity report shall be required as a condition for issuance of a grading permit for all grading applications associated with subdivisions (tracts); all grading projects that propose the development of critical and major structures as defined by the California Building Code; and all real estate development that lies within an earthquake fault zone. Said reports shall comply with the requirements of the Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code, Section 2621, et seq.) and the provisions specified in Subarticle 3.6 (E), Seismicity Reports of the Grading Manual.
(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006)
Dust prevention and control procedures shall be employed while construction activity occurs to minimize wind-borne particles. At minimum, all grading operations, land-clearing, loading, stockpiling, landscaping, vehicular track-out and haul routes shall comply with South Coast Air Quality Management District (AQMD) Rule 403 (Fugitive Dust Emissions) and the provisions of Subarticle 3.8 of the Grading Manual.
(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006)
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