15.52.150 Haul route plan.

   Where soil or construction materials are moved on public roadways from or to the site of a grading operation, a haul route shall be approved by the city engineer in accordance with the provisions of Subarticle 3.9 of the Grading Manual. Deviation from the designated haul route shall constitute a violation of the conditions of the permit issued under this chapter. Vehicular track-out shall be controlled, as directed by the city engineer, to prevent sediment deposit outside of the project site boundaries.

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

15.52.160 Erosion and sediment control plan.

   All grading plans, regardless of the date of submittal, shall include an erosion and sediment control plan designed to limit erosion and sediment of all disturbed portions of the property and to minimize the transport of soil onto adjacent properties or into streets, storm drains, or drainage ways in accordance with the provisions of Subarticle 6 of the Grading Manual.

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

15.52.170 Grading permits—Issuance, expiration and renewal.

   A.   Every permit issued shall be valid for a period of one year from the date of issuance.

   B.   Every permit issued shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days.

   C.   A permit issued hereunder shall expire upon a change of ownership if the work for which said grading permit was issued has not been completed. In such instances, a new permit shall be required for completion of the work.

      1.   If the time limitations of subsections A. and B. of this section are not applicable, and no changes have been made to the plans and specifications last submitted to the city engineer, no charge shall be made for the issuance of a new permit.

      2.   If changes have been made to the plans and specifications last submitted to the city engineer, fees based on the valuation of the additional or new work, additional yardage and necessary plan checking shall be charged to the permit applicant.

      3.   New securities and/or deposits shall be submitted by the new owner in accordance with Section 15.52.310, Grading, Erosion and Sediment Control Securities.

   D.   The city engineer may extend the one hundred eighty (180) day expiration time limit on permits not to exceed one successive period of one hundred eighty (180) days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented, delayed or extended the time required to complete the grading operations.

   E.   The city engineer may require that grading operations and project designs be modified if delays occur which incur weather-related problems not considered at the time the permit was originally issued.

   F.   If the permittee presents satisfactory reasons for failure to continue or begin the work within the period specified in subsection B. of this section, the city engineer, upon receiving a written request, may grant an extension of time as specified in subsection D. of this section without additional fees, provided that:

      1.   No changes have been made in the original plans and specifications for such work;

      2.   Suspension or abandonment has not exceeded one year;

      3.   A re-endorsement of the compliance of the plans with the applicable regulations by the engineering department shall be obtained.

   Such request for extensions must be submitted no later than the sixtieth day following the date on which the permit would otherwise expire. If the permittee fails to request an extension within the time provided, the city engineer may renew the grading permit for a fee of one-half the amount required for the original permit, provided no changes have been made in the original plans and specifications for such work.

   G.   If the permittee is unable to complete the work by the end of a one-year period, the city engineer may renew the grading permit on an annual basis provided that:

      1.   A written request is received by the city engineer within sixty (60) days of the expiration of the original permit, specifying the reason for the extension and the amount of time needed to complete the subject grading;

      2.   A copy of the subject grading plans and original permit are submitted with the written request;

      3.   Any changes made to the original plans and specifications for such work are minor in nature and can be classified as “as-built” changes as determined by the city engineer. Should the city engineer determine the changes are not “as-built” in nature, the extension will be denied, a stop work order issued pending plan check submittal and approval of the changes;

      4.   Suspension or abandonment has not exceeded one year; and

      5.   If changes are necessary to the data contained in the original permit, a new permit application must be submitted with the written request.

   A processing fee in the amount of the current permit fee per the engineering fee schedule shall be payable together with any deposit amounts deemed necessary to complete inspection of the project by the city engineer.

(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006: Ord. 276 § 2, 2003; Ord. 97 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 8.12.100.818)

15.52.180 Grading permit—Denial of permit.

   A.   The city engineer shall not issue a permit in any case where he or she finds that the work as proposed by the applicant is liable to:

      1.   Expose any property to landslide or geologic hazard; or

      2.   Adversely interfere with existing drainage courses or patterns; or

      3.   Cause erosion and/or flooding, which could result in the depositing of mud, silt, or debris on any other property or public or private street; or

      4.   Create any hazard to person or property; or

      5.   Damage or endanger any environmentally sensitive species and habitats, rocks and/or archaeological artifacts.

   B.   A permit shall not be issued if any of the following apply:

      1.   If the submittal is incomplete;

      2.   If the plan as submitted does not comply with the provisions of this chapter;

      3.   If the required security is not posted;

      4.   If the application contains false information.

   C.   If, in the opinion of the city engineer, the land area for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the grading permit shall be denied.

   D.   The city engineer may require plans and specifications to be modified in order to mitigate anticipated adverse environmental effects of proposed grading projects. He or she may, under circumstances where the adverse environmental effects of a proposed grading project cannot be mitigated, deny the issuance of a grading permit.

   E.   The city engineer shall deny the issuance of a permit if prohibited by a duly elected moratorium, court order, injunction, or other legal order; if the applicant or owner has failed to comply with the provisions of this chapter; or if the work proposed is not consistent with the city's general plan, or any element thereof, or any specific plan, use permit, land use ordinance or regulation, zoning ordinance regulation or permit, or approved subdivision map.

(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006: Ord. 97 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 8.12.100.819)

15.52.190 Grading permit—Time of grading operations.

   Grading equipment operations within one-half mile of an occupied residence shall not be conducted between the hours of 8:00 p.m. and 7:00 a.m., Monday through Saturday. Further, no such activity shall be undertaken on Sunday or federal holidays. The city engineer may extend the hours permitted for grading or equipment operations if the city engineer determines that such operations are not detrimental to the health, safety or welfare of the inhabitants of nearby structures. Permitted hours of operation may be shortened by the city engineer's finding of a previously unforeseen effect on the health, safety or welfare of the surrounding community.

(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006: Ord. 97 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 8.12.100.820)

15.52.200 Grading permit—Responsibility of permittee.

   It shall be the responsibility of the permittee to be knowledgeable of the conditions and/or restrictions of the grading permit as outlined in applicable section of this chapter, the Grading Manual, and as contained on the approved grading plans and geotechnical reports. The permittee shall also be responsible to maintain in an obvious and accessible location on the site a copy of the approved grading plans, while grading operations are in progress.

(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006: Ord. 97 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 8.12.100.821)

15.52.210 Grading permit—Protection of adjoining property.

   Each adjacent owner is entitled to the lateral and subjacent support which his or her land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement as provided by law, Section 832 of the California Civil Code.

(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006: Ord. 97 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 8.12.100.822)