Chapter 17.81
PERMITS
Sections:
17.81.020 Availability of Permit and Stormwater Pollution Prevention Plan at Site.
17.81.030 Unpermitted Grading.
17.81.060 Notification to Start Grading.
17.81.010 Permits.
A. Permits Required. A person shall not perform any grading without first obtaining a grading permit to do so from the City Engineer. A grading permit does not include construction of retaining walls or other structures. A separate permit shall be obtained for each site and may cover both excavations and fills. Any engineered grading as described in this code shall be performed by a contractor licensed to perform the work described hereon. Regular grading of less than five thousand (5,000) cubic yards may require a licensed contractor if the City Engineer determines that special conditions or hazards exist.
B. Exceptions. Exemption from the permit requirements of this section shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of the City. Approvals from other agencies may be required. A grading permit shall not be required for the following:
1. An excavation that does not exceed fifty (50) cubic yards and complies with one (1) of the following conditions as shown in Figure 17.81-1 (Permit Exception Details):
a. Excavation is less than two (2) feet in depth; or
b. Excavation does not create a cut slope greater than five (5) feet in height measured vertically upward from the cut surface to the surface of the natural grade and steeper than two (2) units horizontal to one (1) unit vertical (fifty percent (50%) slope).
2. A fill not intended to support structures which does not obstruct a drainage course and which complies with one (1) of the following conditions as shown in Figure 17.81-1 (Permit Exception Details):
a. Fill is less than one (1) foot in depth and is placed on natural terrain with a slope flatter than five (5) units horizontal to one (1) unit vertical (fifty percent (50%) slope); or
b. Fill is less than three (3) feet in depth at its deepest point when measured vertically upward from natural grade to the surface of the fill, does not exceed fifty (50) cubic yards, and creates a fill slope no steeper than two (2) units horizontal to one (1) unit vertical (fifty percent (50%) slope); or
c. Fill is less than five (5) feet in depth at its deepest point when measured vertically upward from natural grade to the surface of the fill, does not exceed twenty (20) cubic yards, and creates a fill slope no steeper than two (2) units horizontal to one (1) unit vertical (fifty percent (50%) slope);
Figure 17.81-1
Permit Exception Details
3. An excavation below finish grade for basements and footings of a building, retaining wall, or other structure authorized by a valid building permit or trench excavations for the purpose of installing underground utilities. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than five (5) feet after the completion of the structure;
4. Grading within property dedicated or used for cemetery purposes where such grading is more than one hundred (100) feet from the property line and is not intended to support structures. No permit shall be required for the excavation or filling of graves at any location within such property;
5. Mining, quarrying, excavating, processing and stockpiling of rock, sand, gravel, aggregate, or clay, where controlled by other regulations; provided, such operations do not affect the lateral support of, or increase the stresses in, or pressure upon, any adjacent or contiguous property;
6. With prior approval in writing by the City Engineer, grading in an isolated, self-contained area, provided there is no danger to the public and that such grading will not adversely affect adjoining properties;
7. Refuse disposal sites controlled by other regulations;
8. Excavations for wells, or trenches for utilities;
9. An excavation or fill in connection with the making of an earth fill dam, reservoir or levee when the quality of such work is regulated by other laws, statutes or ordinances;
10. An excavation, fill and/or measures approved by the Soil Conservation District or cooperative agency of the U.S. Department of Agriculture;
11. An excavation or fill for a road or slope purposes and shown on plans that are approved by the City Engineer as being necessary for the support, construction or maintenance of a public road;
12. Exploratory excavations under the direction of a geotechnical engineer or engineering geologist. This shall not exempt grading of access roads or pads created for exploratory excavations. Exploratory excavations must not create a hazardous condition to adjacent properties or the public in accordance with this code. Exploratory excavations must be restored to existing conditions, unless otherwise approved by the City Engineer; and
13. Grading for an oil and/or gas drilling site which is located in an existing oil field as designated by the State Division of Oil and Gas and is one thousand (1,000) feet from a public highway and five hundred (500) feet from the nearest residence. The proposed grading must not result in the deposition of silt and debris onto downstream property or storm drain facilities. Permits will not be issued for parcels of land with an average slope of ten percent (10%) or greater unless the proposed grading complies with the provisions of Section 17.51.020 (Hillside Development). (Permits for less than one hundred (100) cubic yards are exempt from this requirement.)
Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner that violates the provisions of this code or any other laws or ordinances of the City. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.81.020 Availability of Permit and Stormwater Pollution Prevention Plan at Site.
No person shall perform any grading for which a permit is required under this chapter unless a copy of the grading permit and approved grading plan with a stormwater pollution prevention plan (SWPPP), as applicable, is in the possession of a responsible person and available at the site. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.81.030 Unpermitted Grading.
A person shall not use, occupy, or maintain any site containing unpermitted grading. For the purposes of this code, unpermitted grading shall be defined as either of the following: (A) grading that was performed, at any point in time, without the required permit(s) having first been obtained from the City Engineer, pursuant to this code; or (B) grading for which a permit was obtained pursuant to this code, but which was not completed, pursuant to Chapter 17.88 (Grading Designation and Location), prior to the expiration of the permit, pursuant to Section 17.80.020(C) (Grading Permit Administration). (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.81.060 Notification to Start Grading.
Grading work cannot start until the City has been officially notified of the pregrading meeting at least seventy-two (72) hours in advance. (Ord. 13-8 § 4 (Exh. A), 6/11/13)