Chapter 18.24
GRADING
Sections:
18.24.030 Grading permit – Required.
18.24.040 Grading permit – Required for regrading.
18.24.050 Grading permit – Application.
18.24.060 Exception to permit requirement.
18.24.065 Requirements for grading permit.
Prior legislation: Ords. 318 and 334.
18.24.010 Purpose.
The purpose of this chapter is to preserve the natural scenic character of the city by establishing minimum standards and requirements relating to grading of land and removal of major native vegetation. The intent is to regulate the development of each building site with respect to adjacent land, public or private, and existing structures so as to maximize visually pleasant relationships, minimize physical problems and preserve the natural contours of the land insofar as is reasonable and practical. The regulations contained in this chapter are in addition to grading requirements of other regulations or ordinances of the city and, where in conflict, the more restrictive regulation shall apply. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 309 § 1, 1975)
18.24.020 Applicability.
This chapter applies to all lots, building sites, subdivided, resubdivided or unsubdivided land and zones in the city. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 309 § 1, 1975)
18.24.030 Grading permit – Required.
A. No person shall perform grading on any lot or parcel without a grading permit issued by the city council in any of the following circumstances:
1. Where the building official has required an engineering geology report;
2. Any property resulting in a cut or fill in excess of ten feet in depth or height;
3. Any lot where the quantity of cut and fill exceeds two hundred fifty cubic yards;
4. Any lot where the quantity of cut and fill exceeds one hundred cubic yards for grading exterior to the dwelling unit foundation, garage and driveway.
B. No person shall remove major native vegetation without a grading permit issued by the city council.
C. All applications for grading permits shall be processed in compliance with PVEMC 17.04.100. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 483 § 1, 1989; Ord. 383 § 1, 1983; Ord. 309 § 1, 1975)
18.24.035 Swimming pool.
A. Notwithstanding the requirements of PVEMC 18.24.030 or 18.24.040, a grading permit may be issued by the building official for the excavation to install a swimming pool, provided more than twenty-four months have expired since all earlier grading was completed.
B. Notwithstanding the requirement of PVEMC 18.24.040, grading for a swimming pool shall not be cumulated with grading subsequently applied for, provided the swimming pool has been completed at the time the application has been received. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 578 § 2, 1994; Ord. 483 § 2, 1989)
18.24.040 Grading permit – Required for regrading.
Notwithstanding the fact that an application for grading is not sufficient to require planning commission review pursuant to PVEMC 18.24.030, a grading permit is required from the planning commission if:
A. There has been grading or a grading application on the property within twenty-four months preceding the date of the current application which would, when combined with the current application, require a grading permit approval pursuant to PVEMC 18.24.030; or
B. When the depth of any fill combined with any previous fill exceeds a depth of ten feet. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 546 § 1, 1992; Ord. 383 § 1, 1983; Ord. 309 § 1, 1975)
18.24.050 Grading permit – Application.
A. Application shall be made to the building official on forms furnished by the building official and accompanied by grading plans which, as a minimum, would show a section or sections through the site and vicinity, including at least the adjacent lots and homes and the lots and homes on the front and rear, showing the effect of proposed work upon visual relationships of other lots, existing structures, or land adjacent to or in the immediate vicinity of the proposed work. Photographs of the site and the surrounding areas are encouraged for inclusion with the plans. At the discretion of the building official, a preliminary plan in sufficient detail to show complete final grading may be submitted for approval.
B. Each application shall be accompanied by an application fee which shall be fixed by the city council by resolution.
C. The building official shall prepare appropriate documents to comply with the California Environmental Quality Act for each application prior to the submission of such application to the planning commission. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 423 § 1, 1986; Ord. 389 § 1, 1984; Ord. 338 § 1, 1978; Ord. 324 § 1, 1977; Ord. 309 § 1, 1975)
18.24.060 Exception to permit requirement.
A permit to grade under an existing dwelling may be issued by the building official without review by the planning commission or city council as otherwise required by PVEMC 17.04.100 if the building official determines an engineering geology report is not required for the proposed project. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 584 § 1, 1995; Ord. 578 § 1, 1994)
18.24.065 Requirements for grading permit.
A. The planning commission or city council shall not approve a grading permit application if the planning commission or city council finds:
1. The proposed grading will unreasonably change the natural contours of the land;
2. The proposed grading will create a hazard to the immediate or adjacent property;
3. The proposed grading will unreasonably interfere with the use and enjoyment of property by other persons in the city; or
4. The proposed grading will result in substantial erosion or substantial uncontrolled water runoff.
B. Whenever an application for grading permit has been approved by either the planning commission or the city council, no person, firm, or corporation shall undertake any grading or remove major native vegetation in violation of any of the conditions imposed by the planning commission or city council, and any grading undertaken pursuant to any such permit shall constitute agreement by the applicant to conform to the conditions imposed in the permit. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 529 § 22, 1991)
18.24.070 Expiration.
The applicant shall have a maximum of two years after approval of a grading permit application within which to apply for and be issued a grading or building permit. The grading permit approval shall expire in the event such grading or building permit has not been issued within the prescribed two-year time period, or in the event such grading permit or building permit terminates or expires under any other provision of this code or of the law of this state. (Ord. 700 § 2 (Exh. 1), 2012; Ord. 648 § 2, 2003; Ord. 538 § 1, 1991; Ord. 483 § 2, 1989)