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(a) If the County Official suspects that proposed grading may involve jurisdictional waters of the United States (as defined in Section 328.3 of Title 33 of the Code of Federal Regulations), the County Official may defer approval of grading plans or improvement plans until the applicant obtains and submits to the County Official either evidence that an appropriate permit has been issued pursuant to the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.) authorizing the grading, or a statement from the U.S. Army Corps of Engineers, certifying that such permit is not required.
(b) If the County Official suspects that proposed grading may involve a river, stream or lake (as referenced in Fish and Game Code Section 1603), the County Official may defer approval of grading or improvement plans until the applicant obtains and submits to the County Official evidence that the California Department of Fish and Wildlife has determined that Section 1602 has been complied with.
(c) No permit or approval pursuant to this Chapter shall constitute authorization for grading in violation of any local, state or federal law, including in particular the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.) or Chapter 6 of Division 2 of the Fish and Game Code.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 10705 (N.S.), effective 1-8-21)
Prior to issuance of any grading permit, the owner of the site to be graded shall grant to the County a right of entry onto the site for purposes of inspection. The right of entry shall also allow entry for purposes of correction of grading not performed in compliance with the terms and conditions of the permit. The owner and the applicant shall agree to release the County from any and all claims for damages or injury which may result from the County's entry onto the property, including any corrective action taken. The applicant shall also agree to indemnify the County against claims asserted by third parties relating to damage or injury alleged to have resulted from the County's entry or corrective action. The right of entry and indemnification agreements shall be on a form approved by the County Counsel.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04)
(a) The County Official may modify or revoke a grading permit granted under the provisions of this Division if he or she determines that:
(1) the permit was obtained by fraud, or the permittee has made false or misleading statements on the application or supporting documents, or has hindered or interfered with enforcement of the permit, the conditions thereof, or this Division;
(2) one or more of the conditions upon which the permit was granted have been violated, or grading or clearing was performed in a manner inconsistent with the permit or plans;
(3) the permittee fails or refuses to correct a deficiency or a hazard upon the receipt of written notice and within the time specified in such notices;
(4) the permittee fails or refuses to perform any of the work required or fails or refuses to conform with any of the standards established by a use permit;
(5) the permittee fails to submit all material necessary for approval of a reclamation plan within 120 days from the date of written request therefor;
(6) revocation or modification is reasonably necessary to prevent creation of a nuisance or unreasonable hazard to persons or to public or private property; or
(7) information has been received indicating that previously unknown historical resources (as defined in Public Resources Code Section 21084.1) or unique archaeological resources (as defined in Public Resources Code Section 21083.2) may be located on the site, and therefore a modification is necessary, to prohibit grading in the area of the resources so as to preserve the resources, or to redirect proposed grading so as to avoid the location of such resources until they can be retrieved, or potential impacts to them have otherwise been appropriately mitigated.
(b) A request to revoke or modify the permit or waiver may be made by any County officer, shall be in writing, and shall set forth the grounds upon which revocation or modification is sought.
(c) If a permit is revoked, no further work shall be done upon the site except the correction of hazards as directed by the County Official. Every agreement and every security required by this Division shall remain in full force and effect notwithstanding any such revocation.
(d) The County Official shall consider the request for revocation at a public hearing, unless a public hearing is waived in writing by the permittee. Request for revocation shall be directed to the County Official, who shall fix a time and place for the hearing, to be published once in a newspaper of general circulation published in the County of San Diego. The County Official shall also notify the permittee of the time and place set for the hearing. Any interested person may appear at the hearing and present evidence. At the conclusion of the hearing, the County Official may deny the request for revocation, grant the request for revocation, or modify existing conditions of or add new conditions to the grading permit. The decision of the County Official shall be final.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04)
The County Official may condition the issuance of a grading permit upon the permittee attending, prior to commencement of any work authorized by the permit, a pre-construction conference with the County Official. At that conference, the County Official may provide direction to the permittee and others to be involved in the work, as to County requirements. Where such a conference has been required, it shall be a violation of this Division for the permittee to commence or allow any work to be commenced prior to such conference.
(Added by Ord. No. 9634 (N.S.), effective 4-23-04)
The County Official may issue a permit for temporary stockpiling (storage) of earth conforming to the following:
(a) Requirements. Temporary stockpiling shall:
(1) not exceed 7,000 cubic yards and cover an area less than one acre in size;
(2) be on a single lot;
(3) not be on or across or affect any surface water body or divert existing drainage;
(4) not have a fill bank in excess of 6 feet measured vertically from the toe of the slope to the top of the slope;
(5) not exceed 18 months (or such shorter period as the County Official may require in the permit) from the date any stockpiled material is initially placed, to the date all material has been removed;
(6) not result in exposed fill slopes steeper in average slope than two horizontal to one vertical, including benches and roundings to ensure stability and reduce visual impacts;
(7) include, on the face of all fill slopes in excess of three feet in vertical height, installation and maintenance of measures to protect against erosion and instability and so that run-off water leaving the premises will not contain sand, silt or other debris, and will comply with Title 6, Division 7, Chapter 8 of this code.
(8) conform to the setbacks stated in Section 87.412(a) and (b) of this Division;
(9) involve placement of material only on areas which have been previously excavated or disturbed and which contain no significant habitat value, designated scenic area, or mapped geologic hazards; and complies with Sections 87.212 and 87.213 of this Chapter, regarding specified sensitive areas; and
(10) involve only material for use on the site, not for export, sales or borrow operations.
(b) Application and Plan. The application shall be signed by the owner of the land upon which the earth is to be stockpiled and be accompanied by a stockpiling plan, grading plan or improvement plan. The application or the plan shall include the following:
(1) a certification that the fill material is for use exclusively on site;
(2) a description of the proposed ultimate use of the stockpiled material;
(3) a vicinity sketch, property lines, the location of all structures in the within 100 feet of the proposed stockpile and those on adjacent properties if within fifteen feet of the property line, contour lines showing the topography of the existing ground, with a maximum contour interval of five feet; the quantity of fill involved; elevations, dimensions, location, extent and slopes of all proposed stockpile areas, the setbacks from all structures and property lines as stated in Section 87.412 of this Division; the extent and square footage of the total footprint of the area proposed to be covered by the stockpiled material; all drainage devices, walls, cribbing, dams, stormwater protection best management practice devices or other protective devices to be constructed, including all temporary construction erosion and sediment control devices; a map of the drainage area of the land tributary to the site; and dust control measures sufficient to comply with Section 87.428 of this Division.
(c) Security. At the time of permit issuance, the applicant shall enter into an agreement pursuant to Section 87.304 of this Division, secured by a cash deposit, to assure the future permanent placement or removal of the stockpiled material.
(Added by Ord. No. 9634 (N.S.), effective 4-23-04; amended by Ord. No. 9926 (N.S.), effective 4-11-08)