Division 6. Project Grading

9166.1 Project Grading.

If project grading requires the removal or importation of more than 10,000 cubic yards of dirt, soil, sand, gravel, rock, clay, decomposed granite or other similar material from or to a lot, and if more than 20 occupied dwelling units in single-family dwellings, multiple-family dwellings or mobile homes, or any combination thereof, or a hospital or accredited public school by the Education Code of the State of California is located within a parallel corridor 300 feet wide on each side of and measured from the edge of the existing right-of-way of the streets forming the proposed transport route, and within a distance equal to the extent of such route, or, within a distance of 2,640 feet, whichever is less, measured from the proposed point of access to such project, then a person shall not engage in project grading in any zone unless such a person either:

A. Obtains a Conditional Use Permit; or

B. Submits a plot plan to the Director, who shall approve the plan upon finding that the proposed project grading will comply with the requirements of this Division. The plan approval shall be valid for the time stated by the Director. If no time is stated, such approval shall be good for one (1) year. If the Director finds that there is good cause shown, and that the applicant, in moving material pursuant to such approval, has not violated this or any other ordinance or statute, he may extend the duration of such approval for not more than one (1) year if the applicant files a request for such extension prior to the expiration date of his original approval. Only one (1) extension may be granted.

If more than one hundred thousand (100,000) cubic yards of material are to be moved, and the project is not in conjunction with construction, maintenance or repair by a governmental agency, such person shall obtain a Conditional Use Permit.

9166.2 Conditions for Project Grading.

Project grading subject to the provisions of this Division shall comply with the following requirements:

A. A grading permit, when required, shall first be obtained as provided in the Building Code before the commencement of any project grading.

B. The application to the Director or for a Conditional Use Permit, as the case may be, shall contain statements setting forth the following information:

1. The names and addresses of all persons owning all or any part of the property from which such material is proposed to be removed and to which such material is proposed to be transported.

2. The names and addresses of the person or persons who will be conducting the operations proposed.

3. The proposed ultimate use of the lot.

4. Such other information as the Director finds necessary in order to determine whether the application should be granted.

5. In the case of an application for a Conditional Use Permit, the information required pursuant to CMC 9172.21(A) and 9173.1.

C. The applicant shall submit a map showing in sufficient detail the location of the site from which such material is proposed to be removed, the proposed route over streets, and the location to which such material is to be imported.

D. All hauling as approved under this Section shall be restricted to a route approved by the Director of Public Works.

E. Compliance shall be made with all applicable requirements of the City and other governmental agencies.

F. If any condition of this Section is violated, or if any law, statute or ordinance is violated, the privileges granted herein shall lapse and such approval shall be suspended.

G. Neither the provisions of this Section nor the granting of any permit provided for in this Division authorizes or legalizes the maintenance of a public or private nuisance.