(A) Issuance. The issuance of a grading permit shall be the responsibility of the Planning Director and shall constitute an authorization to do only that work which is described or illustrated on the approved plans and specifications.
(B) Approved plans. When the Planning Director issues the permit, all of the plans and specifications shall be endorsed “approved”. The approved plans and specifications shall not be changed, modified or altered without written authorization by the Building Inspection and Planning Department. All work shall be done in accordance with the approved plans, building permits and this chapter. The Public Works Department will review and approve all engineered plans prior to issuance of permit and shall sign a copy of all engineered plans indicating that plans are appropriately engineered.
(C) Conditions of approval. In granting any permit under this chapter, the county shall attach such conditions as necessary to prevent creation of a public nuisance or hazard to public or private property. The conditions may include, but shall not be limited to:
(1) Improvements of any existing grading project to bring it up to standards of this chapter;
(2) Requirements for fencing of excavations or fills which would otherwise be hazardous to persons;
(3) Haul routes for materials;
(4) Conditions recommended by the County Engineer, Planning Director, Building Official or other responsible agency;
(5) Conditions recommended by a geological hazard review;
(6) Check dams, cribbing, rip rap or other devices to prevent erosion;
(7) Mulching, fertilizing, watering or other methods to establish new vegetation. Stockpiling and reapplication of topsoil;
(8) Dust from grading operations shall be controlled;
(9) No earth or organic material shall be deposited or placed where it may be deposited into a stream, marsh, slough or body of standing water in a quantity deleterious to wildlife, aquatic life or other beneficial uses of the water. Nor shall earth or organic material be deposited where it may flow onto neighboring property;
(10) Hours and days of week of operation;
(11) Erosion control plans indicating proposed methods for the control of runoff, erosion and sediment control;
(12) Revegetation plan detailing the revegetation of all exposed surfaces during development;
(13) Drainage plans shall meet the specifications listed in the county subdivision ordinance and shall include on-site retention of water to pre-development levels; and
(14) Any overburden generated by the project that is to remain on-site shall be distributed evenly along the natural contours of the site on slopes no greater than 20%, at a depth no greater than 12 inches, not intended to support structures, and does not obstruct a drainage course. Areas intended for overburden must be stripped of topsoil and organic material for replacement above overburden material and must be revegetated.
(D) Denial of permit.
(1) An application for a grading, dredging or disking permit shall be denied if the county makes any of the following findings:
(a) That the design of the proposed site is not consistent with the applicable General Plan adopted by San Benito County;
(b) That the project as proposed will create a building site, for which adequate sewage facilities and water supplies cannot be provided;
(c) That the project, as proposed, will cause excessive and unnecessary disturbance of the site or requires grading on slopes greater than 30% in slope beyond what is authorized in § 19.17.006 of this chapter;
(d) That the work proposed will be hazardous by reason of floods, geological hazard or unstable soils, and will be liable to endanger other properties or result in the deposition of debris on any public way, property or drainage course, or will otherwise create a hazard;
(e) That the work proposed will create an unavoidable adverse environmental impact; and
(f) That the project as proposed will place fill within a 100-year floodplain (unless it can be demonstrated through environmental review that the fill will not cause significant flood hazard).
(2) The county shall notify the applicant in writing of a denial or conditions for denial and shall state the reasons therefor.
(E) Work time limits. The permit holder shall fully perform and complete all of the work required to be done within the time limit specified. If no time limit is specified, the permittee shall complete the work within 180 days after the date of the issuance of the grading permit.
(F) Expiration of permit. Every permit issued under this chapter shall expire if the work authorized is not commenced within 90 days from the date of permit issuance, or if the work authorized is commenced and then suspended for a period of 30 days, unless the suspension is approved.
(G) Safety precautions. The permittee shall take all appropriate and necessary precautions to protect adjacent public and private property from damage that may result from the grading operations.
(H) Winter grading. No grading shall occur at any time the material to be moved is so saturated, or in any similar condition or rainfall is so likely that, in the judgment of the county planning or Public Works Director weather conditions and the estimated time of completion will result in unnecessary erosion or stream sedimentation or pollution. Any grading between October 15 and April 15 requires the issuance of a winter grading permit.
(I) Deed notification. A deed notification for all properties involved, with a map that designates the area where fill is to be placed, shall be required for agricultural fill not excepted by § 19.17.004 of this chapter. The deed notification shall also specify that no structures (i.e., roads, buildings or driveways) will be allowed to be constructed within this area unless a soils engineering and geologic report is prepared, pursuant to § 19.17.010 of this chapter. The soil engineering report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures if necessary and opinions and recommendations covering adequacy of sites to be developed.
(J) County Engineer approval. When plans and specifications are prepared and signed by a civil engineer, per § 19.17.009 of this chapter, all required grading shall be subject to the approval of the County Engineer and shall be designed and constructed in accordance with such plans and specifications and other approved standards as provided by this chapter and by ordinance or resolution of the Board of Supervisors.
(1966 Code, § 7A-11) (Ord. 708, § 1; Ord. 801, § 1(VII—IX))