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In determining whether the proposed grading substantially complies with grading plans or improvement plans approved pursuant to Section 87.204 through 87.208 and 87.904, project change(s) required to comply with changes in State or Federal regulatory requirements shall be provided a 10 percent change allowance in addition to the substantial conformance determination if all of the following are met:
(a) It shall be determined that the project change(s) do not result in a new or substantially increased significant impact in accordance with the California Environmental Quality Act (CEQA).
(b) It shall be determined that the project change(s) do not result in the creation of a situation that would be detrimental to the health, safety, or welfare of the public.
(c) It shall be determined that the project change(s) do not result in the elimination of project features required to meet other County of San Diego code requirements, including, but not limited to, the following:
(1) Elimination of a trail that provides a connection through the project that is needed for regional connectivity.
(2) Reduction in the overall amount of parkland approved with the original project.
(3) Elimination of roads that are needed for emergency access, travel time, or to handle the traffic generated by the project.
(4) Reduction of area needed for required water supply well or onsite wastewater treatment system and reserve area.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9926 (N.S.), effective 4-11-08; amended by Ord. No. 10745 (N.S.), effective 10-1-21; amended by Ord. No. 10804 (N.S.), effective 9-16-22)
(1) The proposed grading conforms to all requirements of this Division;
(2) Denial is not required by Section 87.211;
(4) The proposed grading complies with Title 6, Division 7, Chapter 8 of this code; and
(5) If the area to be graded includes a watercourse, the proposed grading conforms to Chapter 6 of this Division.
(b) Grading plans or improvement plans for major grading shall be approved and signed by a registered civil engineer. The plans shall show or be accompanied by the following:
(1) A vicinity sketch or other data adequately indicating the site location;
(2) Property lines of the site on which the work is to be performed;
(3) Location of any buildings or structures on the site where the work is to be performed, and the location of any building or structure on land of adjacent property owners which is within the fifteen feet of the site;
(4) Topographical contour lines adequate to show the topography of the existing ground;
(5) Elevations, dimensions, location, extent, and slopes of all proposed grading, shown by contours or other means;
(6) The quantity of excavation and fill involved, estimated starting and completion dates and the estimated cost;
(7) All drainage devices, walls, cribbing, dams, stormwater protection best management practice devices or other protective devices to be constructed in connection with, or as part of, the proposed work, including all temporary construction erosion and sediment control devices, all watercourses located on the site, a map showing the drainage area of land tributary to the site, the estimated runoff of the area served by any drains, and calculations of the carrying capacity of such drains;
(8) The following shall be required for grading which will require the use of groundwater and for grading to be done during a time when the San Diego County Water Authority declares that a drought is in effect:
(aa) Information demonstrating to the satisfaction of the County Official the source (imported potable water, reclaimed water or groundwater) and amount of water available to be used in grading operations, including a statement from the applicable public agency or other party supplying the water specifying the dates when temporary service shall commence and when temporary service shall cease. The applicant shall specify the timing and duration of water needed to complete each phase of the project;
(bb) A short-term plan for erosion control and for slope stabilization where necessary which, in the opinion of the County Official, can be accomplished with the amount of water demonstrated to be available to the project; and
(cc) Except for grading on projects for which the Director of Planning and Development Services has approved a landscape plan, a long-term plan for erosion control and for slope stabilization where necessary to the satisfaction of the County Official;
(9) A statement of the purpose for which the proposed grading is to be done;
(10) Information demonstrating to the satisfaction of the County Official that the applicant is satisfying Chapter 8 (commencing with Section 67.801) of Division 7 of Title 6 of this Code;
(11) The names and addresses of all owners of property located within 300 feet of the exterior boundaries of the property to be graded, taken from the latest equalized assessment roll or such other records of the County Assessor or Tax Collector as contain more recent information;
(12) Dust control measures sufficient to comply with Section 87.428;
(13) The location, extent and square footage of the total area to be cleared of vegetation;
(14) All areas proposed to be subjected to any "Land Disturbance Activity" (as that term is defined in Section 67.802 of this Code); and
(15) Such other information or data as may be required by the County Official.
(c) Prior to approving the grading plans or improvement plans, the County Official shall provide notice to each of the persons identified in the application as being owners of property located within 300 feet of the exterior boundaries of the property to be graded. Said notice shall be sent via United States mail and shall inform the addressee of the following:
(1) The receipt of the application and the official number or name of the application;
(2) A basic description of the location of the property upon which grading is proposed and the nature of the grading operation;
(3) The manner in which more information concerning the application may be obtained;
(4) That the County Official will consider any comments concerning the application which the addressee desires to submit, provided that they are submitted in writing and received no later than a date stated in the notice, which date shall be no sooner than 15 days after the notice was sent. The County Official shall consider any such comments received by the stated date prior to making a decision whether to approve the application.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9926 (N.S.), effective 4-11-08; amended by Ord. No. 10224 (N.S.), effective 10-25-12; amended by Ord. No. 10804 (N.S.), effective 9-16-22)
(a) The County Official may require a soils investigation prior to approval of grading plans or improvement plans, to correlate surface and subsurface conditions with the proposed grading plan. The results of the investigation shall be presented in a soil report by a soil engineer which shall include, but need not be limited to, data regarding the nature, distribution and strength of existing soils and rock on the site; the soil engineer's conclusions and recommendations for grading requirements, including the correction of weak or unstable soil conditions and treatment of any expansive soils that may be present; and his opinions as to the adequacy of building sites to be developed by the proposed grading operations. The soil engineer shall provide an engineering geology report by an engineering geologist when required by the County Official.
The County Official may require such supplemental reports and data as deemed necessary. Recommendations included in such reports and approved by the County Official shall be incorporated in the grading plan or specifications.
(b) The County Official may require that the applicant provide evidence that the owner of the land upon which any grading work is to be performed, has granted permission for such work, or that the applicant has the right to perform that work on the land.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04)
In approving grading plans or improvement plans, or in issuing a grading permit, the County Official may impose such conditions as may be reasonably necessary to enable the County Official to make the required determinations and to prevent creation of a nuisance or unreasonable hazard to persons or to public or private property.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03)
The County Official shall deny approval of grading plans or improvement plans if he or she makes any of the following determinations:
(a) Hazardous Grading: The proposed grading may:
(1) interfere with any existing drainage course in such a manner as to cause damage to any adjacent property or result in the depositing of debris on any public way; or
(2) create an unreasonable geological, flood or other hazard to person or public or private property (including the land upon which the grading is proposed). If it can be shown that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage structures or facilities or by other means, the permit may be issued on the condition that such construction work be performed.
(b) Subdivision or Use Permit: The purpose of the proposed grading, based upon the application or other information, is to prepare the land for subdivision or for some use for which a use permit is required, and either:
(1) the required final map or parcel map has not been approved; or
(2) the required use permit either has not been granted or is subject to conditions which may cause its expiration under Section 7374 of The Zoning Ordinance.
Notwithstanding the preceding, if a tentative map or tentative parcel map has been approved but no final map or parcel map has been recorded, or if a use permit has been approved but conditions of that use permit which must be complied with in order to avoid expiration under Section 7374 of The Zoning Ordinance have not yet been completed, then the application for grading plan or improvement plan approval shall be denied unless it is accompanied by an agreement whereby the owner agrees to rehabilitate the site to the satisfaction of the County Official, in the event that the tentative map, tentative parcel map or use permit expires. Said agreement shall require that restoration be completed within 90 days of such expiration (which period may be extended by the County Official for an additional 90 days), and shall be accompanied by faithful performance security in the full amount of the County Official's determination as to the amount necessary to restore the site, and shall remain in effect until a parcel map or final map is recorded, or until the use permit is vested.
(c) Groundwater Impacts: Based upon information from the County Hydrogeologist in conjunction with any available information provided from the applicant, the withdrawal of groundwater for the grading operation would decrease the supply of groundwater to land uses for household or irrigation use to other properties within the basin if developed to the density and intensity permitted by existing provisions of the County General Plan.
(d) Insufficient Water Supply: The water supply is not sufficient to provide for adequate compaction or dust control during grading operations, or to provide for adequate planting of disturbed areas (unless waived under Section 87.419).
(e) Failure To Comply With Stormwater Ordinance: The proposed grading fails in any respect to comply with the requirements of the County of San Diego Watershed Protection, Stormwater Management, and Discharge Control Ordinance (Section 67.801 and following of this Code).
(f) Non-performance: The applicant has failed or refused to complete the work required by a grading permit within the time allowed and has not renewed the permit. In such cases, the County Official shall refuse to issue a new permit for any work other than the delinquent work, until the delinquent work is complete.
(g) Borrow Operations: No grading plans or improvement plans shall be approved, and no grading permit shall be issued when borrow or waste material is to be removed from a grading site unless a Use Permit and Reclamation Plan have been issued for the operation of a borrow pit on the grading site, a legally nonconforming borrow pit is being operated on the grading site or the grading comes within one of the exceptions to the use permit requirement listed in The Zoning Ordinance.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03)
No grading plans or improvement plans, other than those for Minor Grading pursuant to Section 87.206 of this Chapter, shall be approved for grading on land located outside the "MSCP Subarea" (as defined in Section 87.803), unless Chapter 1 of Division 6 of Title 8 of this Code, regarding Habitat Loss Permits, has been complied with.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03)
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