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Grading and equipment operations within one-half mile of a structure for human occupancy shall not be conducted between the hours of eight p.m. and seven a.m. or on Sundays and federal holidays. The city official may, however, permit grading or equipment operations during specific hours after eight p.m. or before seven a.m. or on Sundays and federal holidays if he determines that such operations are not detrimental to the health, safety, or welfare of the inhabitants of such a structure. Permitted hours of operation may be shortened by the city or the building official’s finding of a previously unforeseen effect on the health, safety or welfare of the surrounding community. (Ord. 48, 1990)
It shall be the responsibility of the permittee to be knowledgeable of the conditions and/or restrictions of the grading permit as outlined in the applicable sections of this code, the grading manual, and as contained on the approved grading plans and in the approved soil and geology reports. The permittee shall also be responsible to maintain in an obvious and accessible location on the site, a copy of the grading plans bearing the stamp of approval by the city engineer or official. (Ord. 48, 1990)
Each adjacent owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement as provided by law, Section 832 of the California Civil Code is contained in Appendix G of the grading manual. (Ord. 48, 1990)
Where an excess of one thousand (1,000) cubic yards of earth per project site is moved on public roadways from or to the site of an earth grading operation, all the following requirements shall apply:
A. Either water or dust palliative or both must be applied for the alleviation or prevention of excessive dust resulting from the loading or transportation of earth from or to the project site on public roadways. The permittee shall be responsible for maintaining public rights-of-way used for handling purposes in a condition free of dust, earth, or debris attributed to the grading operation.
B. Loading and transportation of earth from or to the site must be accomplished within the limitations established in Section 15.12.210 of this grading code.
C. Access roads to the premises shall be only at points designated on the approved grading plan.
D. The last fifty (50) feet of the access road, as it approaches the intersection with the public roadway, shall have a grade not to exceed three percent. There must be three hundred (300) feet clear, unobstructed sight distance to the intersection from both the public roadway and the access road. If the three hundred (300) feet sight distance cannot be obtained, flagmen shall be posted.
E. A stop sign conforming to the requirements of the California Vehicle Code shall be posted at the entrance of the access road to the public roadway.
F. An advance warning sign must be posted on the public roadway four hundred (400) feet on either side of the access intersection, carrying the words “truck crossing.” The sign shall be diamond shape, each side being thirty (30) inches in length, shall have a yellow background, and the letters thereon shall be five inches in height. The sign shall be placed six feet from the edge of the pavement and the base of the sign shall be five feet above the pavement level. The advance warning sign shall be covered or removed when the access intersection is not in use. (Ord. 48, 1990)
A. A fee for each grading permit shall be paid to the city official prior to issuance of a grading permit as approved by resolution of the city council and as provided in Subarticle 6 of the grading manual.
B. Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of this code, except when it can be proven to the satisfaction of the city official that an emergency existed which made it impractical to first obtain the permit. A violation shall result in an assessment of double permit fees for work done prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this code nor from any other penalties prescribed herein.
C. Additional fees approved by resolution of the city council and contained in Subarticle 6 of the grading manual shall be paid as required to the city official. (Ord. 48, 1990)
If the city official performs emergency work on private property, he shall charge the property owner all direct and indirect costs which are necessary to complete the work to his satisfaction. In addition, the building official may charge a mobilization cost equal to ten percent of the cost for performing the work. (Ord. 48, 1990)
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