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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)
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)
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)
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)
Where earth is moved on public roadways from or to the site of an earth grading operation, the following requirements may apply:
A. Either water or dust palliative or both must be applied for the alleviation or prevention of excessive dust resulting from the loading or transportation of earth from or to the project site on public roadways. The permittee shall be responsible for maintaining public rights-of-way used for handling purposes in a condition free of dust, earth, or debris attributed to the grading operation.
B. Loading and transportation of earth from or to the site must be accomplished within the limitations established in Section 15.52.190 of this chapter.
C. Access roads to the premises shall be only at points designated on the approved grading plan.
D. The last fifty (50) feet of an access road, as it approaches the intersection with the public roadway, shall have a grade not to exceed three percent. There must be three hundred (300) feet clear, unobstructed sight distance to the intersection from both the public roadway and the access road. If the three hundred (300) foot sight distance cannot be obtained, flagmen shall be posted.
E. A stop sign conforming to the requirements of the California Vehicle Code shall be posted at the entrance of the access road to the public roadway.
F. An advance warning sign must be posted on the public roadway four hundred (400) feet on either side of the access intersection, carrying the words “truck crossing.” The sign shall be diamond shape, each side being thirty (30) inches in length, shall have a yellow background, and the letters thereon shall be five inches in height. The sign shall be placed six feet from the edge of the pavement and the base of the sign shall be covered or removed when the access intersection is not in use.
(Ord. 349 § 4 (part), 2006: Ord. 346, 2006: Ord. 97 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 8.12.100.823)
A. Rough or Precise Grading Permit. The city engineer may issue a rough or precise grading permit for grading work upon completion of an application in accordance with Subarticle 3.1 of the Grading Manual. The issuance of building permits shall be determined as follows:
1. Building permits may be issued for a site graded under a precise grading permit upon completion and approval of the rough grade inspection as specified in Subarticle 7.6 of the Grading Manual.
2. Building permits shall not be issued for a site graded under a rough grading permit unless a precise grading permit has been issued.
B. Stockpile Permit. Upon approval by the city engineer, a stockpile permit may be issued for the stockpile of soil materials on a lot or parcel, provided that the soil materials shall be removed from the site or compacted and graded thereon under a subsequently issued rough or precise grading permit within six (6) months of issuance of a stockpile permit, unless modified by the city engineer, in accordance with Subarticle 4.3 of the Grading Manual.
(Ord. 349 § 4 (part), 2006: Ord. 346 § 4(part), 2006)
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