(A) Minor grading permit applicant requirements. A person seeking a minor grading permit must:
(1) Either be an owner of the real property to be graded or have a current, valid State of California Contractor License; and
(2) Make and execute to the city a surety bond in the sum of $10,000 conditioned on the faithful performance of all ordinances of the city relating to grading; on the prompt payment to the city of all fees for permits and licenses that may become due and owing to the city; the payment of all fines imposed for violation of this chapter during the life of the bond; and on indemnifying the city, its officers, agents and employees from any liability for damages arising from his/her negligence or un-skillfulness in doing, protecting and completing his/her work. The bond shall be in full force and effect for a period of one year after cancellation or completion of construction. This section shall not require a bond in addition to any bond already furnished to the city pursuant to Chapters 152 or 153.
(B) Scope. An application for a minor grading/clearing permit requires a completed grading/clearing permit application, grading/clearing sketch and grading/clearing statement. A survey stamped by a registered land surveyor is not required.
(C) Grading/clearing sketch requirements:
(1) The existing and proposed finished grade of the area to be graded based on spot elevations and two foot contour interval maps as applicable;
(2) The extent of graded areas, delineated and labeled excavation or fill and, where structures are to be constructed:
(a) The existing grade at the primary building corners and proposed finished floor elevations; and
(b) The proposed building heights, shown to conform to the building height requirements.
(3) The location of proposed mitigation measures, such as re-vegetation or retaining walls;
(4) The exterior boundaries of the site;
(5) Access roads and points-of-entry to the grading/clearing site, including gravel construction entrances;
(6) The approximate location of all trees eight inches dbh and larger; and
(7) Delineation of any areas to be preserved.
(D) Grading/clearing statement. A written grading/clearing statement shall be submitted with an application for a grading/clearing permit. The statement shall include, where applicable:
(1) A description of both temporary and permanent stabilization, erosion and drainage control measures;
(2) Estimated start and completion dates;
(3) A description of the dust control method to be used during grading/clearing and until re-vegetation or stabilization has been completed; and
(4) A description of the tree protection standards to be implemented during construction.
(E) Documents preparation. Documents shall be prepared in accordance with city requirements.
(F) Application.
(1) The grading/clearing permit application, grading/clearing sketch and grading/clearing statement shall be submitted for review to the Building Division of the City Community Development Department.
(2) The grading/clearing permit application shall be completed and is required to be signed by the property owner.
(3) Fees are payable to the city in accordance with the fees resolution adopted by city.
(G) Application review.
(1) The grading/clearing sketch and statement shall be reviewed for consistency with applicable regulations and standards (refer to § 155.04), and grading/clearing permit application status shall be determined within ten working days of application.
(2) If determined inadequate, the application shall be returned and the applicant may resubmit an amended grading/clearing sketch or statement.
(3) The City Building Official shall require that plans and specifications be modified to make them consistent with this chapter and any other applicable regulations.
(H) Grading/clearing permit issuance and expiration.
(1) Issuance. Grading/clearing permits are issued by the City Community Development Department. A copy of the grading/clearing permit and approved grading/clearing sketch shall be kept in an easily accessible location on the site; and
(2) Expiration. A grading/clearing permit shall be null and void if the authorized work has not been completed within 180 days of permit issuance.
(I) Grading/clearing permit extension and reapplication.
(1) Extensions. Upon written request by the permit holder, the City Engineer or Building Official may approve a single 185 day extension of a grading/clearing permit.
(2) Non-Conformance Reapplication. Non-compliance with the approved grading/clearing sketch will require reapplication for a grading/clearing permit in conformance with this chapter. Applicable penalties and additional conditions may be imposed on the permit.
(3) Expiration Reapplication. Reapplication for a Grading/Clearing Permit may be made in accordance with this chapter. Additional conditions may be imposed on a permit, as a consequence of reapplication.
(J) Changes to Grading/Clearing Permit.
(1) Emergency conditions. If drainage problems, flood hazards or other hazards occur that were not anticipated at the time the permit was issued, the permit holder may submit the necessary engineering modifications in a report to be reviewed and approved by the City Building Official.
(2) Non-emergency conditions. If unanticipated non-emergency conditions are encountered during grading/clearing and are beyond the scope of the grading/clearing permit, a non-conformance reapplication shall be required by the City Building Official.
(Ord. 2004-006, passed 8-23-04)