(A) Permit applicant requirements. A person seeking a major grading permit must:
(1) Either be an owner of the real property to be graded or be an agent of the owner that is a current, valid Registered Civil Engineer or a Licensed Landscape Architect with the State of California; and
(2) Provide to the city a surety bond in the sum equaling 120% of the estimate of a Registered Civil Engineer to complete the grading that is 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 unskillfulness 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 major grading/clearing permit requires a completed grading/clearing permit application, grading/clearing plan, grading/clearing statement, soils report (as required) and drainage improvement plan prepared by a registered civil engineer or licensed landscape architect.
(C) Grading/clearing plans requirements.
(1) The existing grade contours, proposed finished grade contours (minimum of one foot, maximum of ten feet) and sufficient spot elevations of the area to be graded including the general topography (such as city aerial maps or visual site inspection) for a minimum of 100 feet beyond the affected area or as determined by the City Engineer. This information shall be prepared by a registered civil engineer or licensed landscape architect.
(2) If known, the extent of building envelopes and where structures are to be constructed:
(a) Spot elevations shall be shown for the finished grade within the building envelope;
(b) All building pads showing the existing grade at the primary building corners and proposed finished floor elevations; and
(c) The proposed building heights shown to conform to the building height requirements.
(3) A description of the preservation and mitigation methods, specifying elevations, dimensions, quantities, and locations, to be used during grading/clearing and until re-vegetation or stabilization has been completed.
(a) The extent and manner of preserving, relocating, clearing and disposing of existing vegetation;
(b) The final ground cover, re-vegetation (if any), erosion control and proposed methods for excavation or fill stabilization, based upon the soils report (refer to division (D) of this section); and
(c) Both temporary and permanent drainage improvement plans shall contain:
1. Drainage or other protective devices to be constructed as part of the grading;
2. The drainage area and estimated runoff of the area served by drains;
3. Depiction of the site boundaries (by bearing and distance), existing survey monuments, and a local and/or temporary benchmark with the elevation and co-ordinates;
4. The location of all trees eight inches dbh and larger within the affected area and the location of any regulated areas or areas to be preserved (i.e. Areas of Special Interest, wetlands, open spaces, etc.); and
5. Access roads, haul routes and all points-of-entry including but not limited to all gravel construction entrances, to the grading/clearing site.
(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) The off-site disposal location and estimated quantity of earth material and vegetation to be removed from the site during grading/clearing;
(3) The off-site source location and estimated quantity of materials to be delivered to the site during grading/clearing;
(4) Estimated starting and completion dates;
(5) A description of the dust control method to be used during grading/clearing and until re-vegetation or stabilization has been completed; and
(6) A description of the tree protection standards to be implemented during construction.
(E) Soils report. A geotechnical report may be required when slopes greater than 2:1, retaining walls or extensive areas of fill are proposed, unusual soil conditions are encountered or upon the request of the City Engineer.
(1) The report shall contain all geotechnical engineering information and recommendations applicable to the project and shall be stamped by a registered professional engineer;
(2) The report shall be incorporated into the grading clearing plan and statement; and
(3) The applicant shall be required to provide written certification to the City Engineer that embankment/fill within proposed public rights of way complies with the city standards and specifications or to the Building Official that filled areas under proposed buildings have met the foundation requirements.
(F) Documents preparation.
(1) Documents shall be prepared in accordance with city requirements;
(2) Information shall conform to land use conditions (when applicable) and shall be consistent with the land use site analysis and other applicable regulations; and
(3) Grading/clearing plan preparation. The plan shall be prepared by a registered civil engineer.
(G) Application.
(1) The grading/clearing permit application, grading/clearing plan and other required materials shall be submitted to the Engineering Division of the City Public Works Department for distribution to the applicable city review agencies;
(2) The grading/clearing permit application shall be completed and is required to be signed by the property owner; and
(3) Fees are payable to the city in accordance with the fees schedule adopted by city ordinance.
(H) Grading/clearing assurances in the absence of land use approval.
(1) (a) When approval has been granted for grading/clearing, assurances shall be required in the absence of land use approval in an amount not to exceed 120% of the cost estimate made by a registered professional engineer or registered landscape architect for restoration of the site to original conditions or for compliance with grading/clearing permit.
(b) Assurances shall consist of one of the following:
1. A surety bond executed by a surety company authorized to transact business in the State of California in a form approved by the City Attorney;
2. A cash deposit in a city account at an approved lending institution;
3. An irrevocable standby letter of credit from a federally insured banking institution or savings and loan operating in California that unconditionally promises to pay the funds pledged upon demand by the city. Such obligation must be unaffected by the financial status of the person who has obtained the letter of credit;
4. An "Assurance Provider" arrangement between the owner, the city and a federally insured financial institution which assures the city that the funds to complete the performance of the owner's grading/clearing permit will be provided by the federally insured financial institution to the city in the event the owner does not complete performance of the grading/clearing permit. The form of the Assurance Provider arrangement and the federally insured financial institution must be satisfactory to the city.
(2) The assurances shall be released by the city when the grading/clearing has been inspected and received the written approval of the City Engineer or Building Official. Final approval of a grading/clearing permit shall not require the release of the assurances in the event of grading/clearing noncompliance.
(I) Application review consistent with approved engineered plans.
(1) Grading/clearing plans and related submittals shall be reviewed concurrent with land use action, the construction plans, or building permit review process for the project; and
(2) Prior to approval of the grading/clearing plan, the City Engineer shall inspect the site to determine that the submittals are current and reflect existing conditions;
(J) Grading/clearing permit extension and reapplication.
(1) A grading/clearing permit shall be null and void if the authorized work has not been completed within 180 days of permit issuance or a longer timeline is authorized by the City Engineer at the time of grading/clearing permit issuance.
(2) Extensions. Upon written request by the permit holder, the City Engineer may approve 185 day time extensions of a grading/clearing permit.
(3) 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.
(4) Expiration Reapplication. Reapplication for a grading/clearing permit may be made in accordance with this chapter. Assurances of additional conditions may be imposed on a permit, as a consequence of reapplication.
(K) 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 City Engineer shall require that any substantial engineering modifications be submitted in a report and that the grading/clearing design be modified.
(2) Non-emergency conditions. If unanticipated non-hazardous conditions are encountered during grading/clearing and are beyond the scope of the grading/clearing permit, the permit holder may submit the necessary engineering modifications in a report to be reviewed and approved by the City Engineer.
(Ord. 2004-006, passed 8-23-04)