Chapter 14.19.242 Permit and Procedures

Chapter 14.19.242
Permit and Procedures

Sections:

14.19.242.010 Permit Required.

14.19.242.020 Grading Permit Application.

14.19.242.030 Bonds.

14.19.242.040 Inspection.

14.19.242.050 Modification of Permits After Issuance.

14.19.242.060 Notification of Noncompliance.

14.19.242.070 Suspension or Revocation.

14.19.242.080 Stop Work.

14.19.242.090 Remedial Work.

14.19.242.100 Transfer of Responsibility.

14.19.242.110 Completion of Work.

14.19.242.010 Permit Required.

No person shall conduct grading within the City of Vacaville until a grading permit has been issued as specified in this section. The Building Official and the City Engineer are authorized to issue grading permits as follows:

A. Building Official Authority.

1. Residential grading where the total volume of earth moved is 5,000 cubic yards or less;

2. Nonresidential grading where the total volume of earth moved is 5,000 cubic yards or less;

3. Any nonsubdivision grading that is part of an approved building permit;

4. Any grading that would affect the foundation of a proposed or existing structure except for grading exempted by subsection C of this section.

B. City Engineer Authority.

1. All subdivision grading;

2. Residential, commercial and industrial grading where the cut or fill vertical elevation difference is greater than five feet from existing ground, or the total volume is more than 5,000 cubic yards, except that which is part of an approved building permit;

3. Any grading where the total volume is more than 5,000 cubic yards, except that which is part of an approved building permit;

C. Exceptions. Except as may be required for construction projects resulting in land disturbance of one or more acres, or from construction activity disturbing less than one acre if that activity is part of a larger common plan of development or sale that would disturb one acre or more, no permit shall be required for grading as follows:

1. Grading, when approved by the Building Official or City Engineer, in an isolated, self-contained area if there is no danger to private or public property; provided, that such grading does not:

a. Exceed 50 cubic yards;

b. Occur within a hillside area; and

c. Involve areas with special land forms.

An exception to subsections C.(1)(a), (b) and (c) of this section may be granted by the Building Official or City Engineer for emergency grading, as defined in Section 14.19.240.030.

2. An excavation below finished grade for basements and footings of a building, retaining wall, swimming pool, or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than five feet after the completion of such structure;

3. An excavation which is less than two feet in depth, or which does not create a cut slope greater than five feet in height and steeper than one and one half horizontal to one vertical; provided, that such grading does not exceed 50 cubic yards;

4. A fill less than one foot in depth and placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three feet in depth, not intended to support structures, which does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course;

5. Public improvement projects or grading within public rights-of-way or on City-owned property under the direction of the Director of Public Works or the Director of Community Development. Such grading is, however, subject to all grading standards established in this division with compliance to the standards to be determined by the Director of Public Works;

6. Exploratory excavations under the direction of soil engineers or engineering geologists, provided all excavations are properly backfilled;

7. Excavations and backfill for installation of underground utilities by public utilities or companies within public rights-of-way and operating under the authority of a franchise or an encroachment permit;

8. Maintenance of existing firebreaks and roads to keep firebreak or road substantially in its original condition;

9. Excavating, processing, stockpiling of soil, rock, sand, gravel, aggregate, or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property;

10. Agricultural grading in cases where the Building Official or City Engineer, as appropriate, determines that the proposed grading will not conflict with the purposes and intent of this division; provided, that the grading does not exceed one foot in vertical height and does not involve hillside areas or any special land forms;

11. Cemetery plots.

Exemptions from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this division or any other laws or ordinances of this City.

(Ord. 1985, Amended, 07/25/2023; Ord. 1720, Amended, 09/13/2004; Ord. 1558, §16, 1996; Ord. 1555, §11, 1996)

14.19.242.020 Grading Permit Application.

An application for a grading permit shall be submitted to the Building Official or City Engineer as appropriate.

A. Application. An application shall be submitted on a form specified by the Building Official or the City Engineer, as appropriate, and shall include, but not be limited to, the following:

1. The plan check fee as specified by resolution of the City Council;

2. Authorization from the property owner for the work to be performed on the owner’s property;

3. Proof of development approval, pursuant to the subdivision or zoning ordinances within the Vacaville Municipal Code, for any site where the existing slope or proposed graded slope is 10 percent or greater with a minimum vertical change of 25 feet or more, or where the grading involves or abuts any creek or drainage way;

4. Plans and specifications as required by the Building Official or City Engineer, including electronic files if required by the Building Official or City Engineer.

5. A soils engineering report or engineering geology report if required by the Building Official or City Engineer;

6. In the case of construction activity subject to NPDES permitting requirements where construction activity results in land disturbance, an erosion and sediment control plan (ESC plan) which shall include sufficient engineering analysis to show that the proposed erosion and sediment control measures during the period when preconstruction- and construction-related grading activities are to occur are capable of controlling surface runoff and erosion, retaining sediment on the project site, and preventing pollution of site runoff in compliance with the Clean Water Act, this division, and best management practices as specified the City’s NPDES General Permit CAS000004 WDRs for storm water discharges from small municipal separate storm sewer systems and in standards and specifications as may be adopted by the City pursuant to Section 14.26.030.010.B. The ESC plan shall include, but is not limited to:

a. A natural resources map identifying the location of on-site and surrounding watercourses and wetlands, existing and proposed drainage systems, and drainage boundaries and acreages. Additional hydrologic analysis shall be as required by the Building Official or City Engineer as set forth in the City of Vacaville Standard Specifications;

b. A sequence of construction of the development site, including stripping and clearing, rough grading, construction of utilities, infrastructure, and buildings, and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, and the sequence of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation;

c. All erosion and sediment control measures necessary to meet the objectives of this division throughout all phases of construction, including, but not limited to, the location, implementation and maintenance schedule of all erosion control measures and sediment control measures to be implemented or constructed prior to, during or immediately after construction. Depending on the complexity of the project, the drafting of intermediate plans may be required at the close of each season;

d. Where construction will occur between October 1st and April 30th, a certification that the project applicant is prepared for an event which will stop construction, such as rain or snow, that all ESC plan best management practices shall be in place and operating correctly, that housekeeping practices shall be maintained and that the site can be left or abandoned safely for an extended period of time during the rainy season without causing any erosion or sediment control problems. If such a certification is required and has not been submitted and approved prior to September 16th, approval of the grading permit shall be suspended until the certification is submitted and approval thereof obtained;

e. Within the discretion of the Building Official or City Engineer, the applicant may be required to submit revised plans, and periodic progress and inspection reports on specified calendar dates and at the commencement and completion of specified grading and erosion and sediment control operations, documenting the applicant’s compliance with the ESC plan as approved;

7. In the case of construction activity subject to NPDES permitting requirements where construction or demolition activity results in land disturbance, a post-construction erosion and sediment control plan (PC plan) shall be required to include sufficient engineering analysis to show that the proposed post-construction storm water measures are capable of controlling runoff from the site in compliance with the Clean Water Act, this division, and such best management practices as specified in the City’s NPDES General Permit CAS000004 WDRs for storm water discharges from small municipal separate storm sewer systems and in standards and specifications as may be adopted by the City pursuant to Section 14.26.030.010.B. The PC plan shall include, but is not limited to:

a. A statement of the proposed post-construction measures to be used to secure the project after completion;

b. Provisions for installation of appropriate storm water management facilities, maintenance of all permanent storm water management facilities, including, but not limited to, a description of the parts or components of the facility that need to be maintained; the equipment and/or skills or training necessary for such maintenance; an estimate of the cost(s) of maintenance; and any necessary easements, maintenance agreements and/or other legal instruments to ensure access to such facilities on a permanent basis;

c. An erosion control/landscaping plan for management of vegetation at the site after construction is completed, including, but not limited to, the name and address of the person who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved on a permanent basis;

d. A statement of the ways in which impervious area is being minimized in the project;

e. A statement of how the project will control pollutants by eliminating or reducing potential new sources;

f. A statement of whether the project proponent will participate in the funding of regional/municipal level best management practices;

8. Any other data or supporting documents as required by the Building Official or City Engineer.

B. Technical Peer Review. In special or unique cases, such as in hillside areas, the Building Official or City Engineer may require a technical peer review of the grading plans and related reports. The review shall be conducted by a professional engineer with a technical specialty in civil engineering, soils engineering, or geotechnical engineering, as determined by the Building Official or City Engineer. The review shall be under contract to the City and the applicant shall pay all costs associated with the peer review.

C. Referral of Application. The Building Official or City Engineer may refer an application to other interested public agencies for their recommendations on the proposed grading.

D. Issuance of Grading Permit. The issuance of the grading permit is a ministerial action and shall be issued upon payment of an inspection fee, as specified by City Council resolution; provided, that the Building Official or City Engineer, as appropriate, makes the following determinations before issuing the permit:

1. A determination that the proposed grading complies with the provisions of this division, including, but not limited to, standards established in Section 14.19.244.010;

2. That the grading complies with the applicable provisions of the other divisions of this title, including, but not limited to:

a. The tree preservation ordinance of the Municipal Code, including the necessary tree removal permit for removing any tree over 31 inches in circumference;

b. The floodplain management ordinance of the Municipal Code; and

c. The urban storm water quality management and discharge control ordinance of the Municipal Code;

3. That the grading complies with the applicable provisions of the other local, state, or federal regulations, including but not limited to streambed alteration permits, wetland delineations, and storm water discharge permits;

4. A determination that the proposed grading is in conformance with any conditions of approval resulting from a prior development approval through the entitlement process under the City’s subdivision or zoning ordinances, for situations where the grading permit being requested is based upon a project that has received such prior approval.

For help in making the appropriate determinations where the grading permit being requested is not based upon a prior development approval, as noted in subsection D.(4) of this section, the Building Official or City Engineer should consult with the appropriate City staff members with expertise in the regulations noted above in subsections D.(1) through D.(3) of this section.

E. Approved Plans in Lieu of Grading Permit. The grading plans contained within the stamped and approved building permit plans or the subdivision improvement plans shall function as the grading permit. Authority over the work on these plans shall be per Section 14.19.242.010. A separate grading permit does not need to be issued unless it is determined by the Building Official or City Engineer that a separate permit is needed due to unique or unusual circumstances.

F. Issuance of Grading Permit Withheld. The permit shall not be issued by the Building Official or City Engineer if in their judgment the proposed grading does not comply with the provisions of this division. The applicant shall be notified in writing of the reasons that the application was disapproved.

G. Expiration of Permit. All work shall be performed and completed within the time limit specified in the approved grading permit. If the work cannot be completed within the time specified, a request for an extension of time setting forth the reasons for the requested extension shall be presented in writing to the Building Official or City Engineer, as appropriate, prior to the expiration of the grading permit. The Building Official or City Engineer, as appropriate, may grant additional time for the work.

If the grading permit expires, no further grading shall be done without renewing the permit. Any costs associated for reviewing and renewing the permit shall be at the applicant’s expense.

H. Approved Plans. The approved plans and specifications shall not be changed, modified, or altered without authorization from the Building Official or City Engineer, pursuant to Section 14.19.242.050, and all work shall be done in accordance with the approved plans.

I. Validity. The issuance of a grading permit will not revoke or suspend the requirements of any other permit, final map, or parcel map, improvement plans or improvement contract, or the authority of any other agency or regulatory body having jurisdiction over the use or development of the land to be graded.

J. Liability. Neither the issuance of a grading permit under this division nor compliance with the provisions hereof or with any conditions imposed in a permit issued hereunder shall relieve any person from responsibility for damage to any person or property or impose any liability upon the City, or any officer, employee, board, commission or authority of the City, for any damage to any person or property.

K. Scope of Approval. The issuance of a grading permit hereunder shall not be construed as an approval of any action or condition constituting a violation of this division, or of any other applicable laws, ordinances, rules or regulations.

L. Transfer of Approval. No approval or permit issued hereunder may be transferred or assigned in any manner whatsoever without the express written consent of the Building Official or City Engineer, as appropriate.

(Ord. 1985, Amended, 07/25/2023; Ord. 1883, Amended, 06/23/2015; Ord. 1720, Amended, 09/13/2004; Ord. 1558, §16, 1996; Ord. 1555, §11, 1996)

14.19.242.030 Bonds.

In conjunction with grading permits and grading activity, bonds shall be posted in accordance with the following procedures to ensure that the work, if not completed in accordance with approved plans and specifications, will be corrected to eliminate hazardous conditions and repair any damages that may occur:

A. Requirement for Bonds.

1. The Building Official may require a cash bond up to twenty thousand dollars. The bond is to be used at the discretion of the Building Official, as necessary, to repair erosion control mitigation measures, ensure that lots properly drain per approved plans, or clean up material on private and public streets or walkways of construction debris, dirt, mud, or aggregate. The permittee is required to replenish the cash bond up to the original cash bond amount if any amount is used to repair erosion control measures or clean public and private streets or walkways from construction debris, dirt, mud, or aggregate. Once the final inspection for grading has been approved by the Building Official, the remaining amount of the cash bond shall be refunded;

2. The City Engineer shall require bonds in such forms and amount to ensure that the work is completed. The amount of the performance and maintenance bonds shall be 100 percent and 10 percent of the engineer’s construction grading cost estimate, respectively. The estimate shall include, but not be limited to, the following:

a. The cost of cubic yards moved based on the volume of mass grading;

b. The cost of grading individual lots just prior to occupancy based on the volume of finished grading;

c. The cost of all drainage structures, systems and devices;

d. The cost of all materials and labor associated with the installation and maintenance of the erosion control plan;

e. The cost of any construction required by the soils or geologic reports;

3. In conjunction with a grading permit the City Engineer shall require the posting of an emergency cleanup deposit in an amount specified by a schedule, established by resolution of the City Council, for all grading operations;

4. In addition to the bonds and deposits required above, the City Engineer may require the deposit of maintenance security in any amount deemed sufficient by him or her to guarantee the maintenance of the grading work performed, the proper functioning of drainage systems, and the adequate maintenance of post-construction erosion and sediment control measures. Said maintenance security shall be in a form acceptable to the City and shall remain in effect for a period of two years after the acceptance of the public improvements or upon the final Building Permit approval, whichever is later, or such other periods of time as may be required by the City Engineer;

5. At the discretion of the City Engineer or Building Official, the requirement for bonds under this division may be included with any other surety bond otherwise required by the City;

6. Bonds need not be required for grading by, or under contract to, a public agency that assumes full responsibility for the work.

7. Upon failure to complete the work, failure to comply with all of the terms of this division, or failure of the completed site to function properly to provide proper drainage or erosion and sediment control as required hereunder, the City may do the required work, or cause it to be done and collect from the applicant or surety all costs incurred thereto, including administrative and inspection costs.

(Ord. 1985, Amended, 07/25/2023; Ord. 1800, Amended, 05/13/2008; Ord. 1720, Amended, 09/13/2004)

14.19.242.040 Inspection.

Inspection of grading to ensure that grading is consistent with the approved plans shall occur as follows:

A. Inspection Responsibility. The responsibility for the inspection of the grading is shared between the City and the professional engineers hired by the permittee.

1. City’s Responsibility. The City will be responsible for general inspection of the grading work.

a. The responsibility for the general inspection of the grading shall be as follows:

i. The Building Official shall be responsible for the general inspection of grading for which a permit is approved by the Building Official;

ii. The Director of Public Works shall be responsible for the general inspection of grading for which a permit is approved by the City Engineer;

b. General inspection under the authority of the Building Official shall be in accordance with the provisions of the Uniform Building Code;

c. General inspection under the authority of the City Engineer shall include:

i. Initial pre-job conference and inspection of the site prior to construction;

ii. Visits, as needed, during the grading operation to observe conditions, answer questions, and periodically verify grades;

iii. Inspection of the installation of drainage facilities such as pipes, inlets, manholes, swales, etc., to satisfy the inspector that those facilities are being installed at the proper locations and elevations. The developer is responsible for providing the needed staking;

iv. Final inspection. The permittee shall notify the Public Works Inspector when the site is ready for final inspection. Prior to inspection, the permittee shall provide survey stakes adequate for field verification by the inspector. Grade-check staking shall be provided to the extent necessary for assuring substantial compliance with the plans, and to ensure that the site drains properly. No paving or other material shall be brought onto the site until a written clearance has been given by the inspector;

d. The City’s grading inspection responsibility does not include checking compaction or any aspect of the paving work except to verify that any paving is placed such that the site drainage is in accordance with the approved plans;

e. The Building Official, City Engineer, or Director of Public Works may require additional inspections as needed, including those noted in subsection B.(2) of this section;

2. Permittee’s Professional Engineers. The permittee shall be responsible for coordinating all aspects of the work of the professional engineers for the project, including, but not limited to, field inspections, staking, compaction tests, and inspection reports. The permittee shall be responsible for arranging and directly paying for any inspections above and beyond those noted in subsection A.(1)(a)(i) of this section.

B. Other Inspections.

1. In approving a grading permit for hillside developments, the City Engineer may require that a soils engineer or engineering geologist be on site to verify that the grading work of the hillside areas is in accordance with the approved grading plans and soils engineer’s recommendations. The permittee shall pay all costs associated with the soil engineer’s or engineering geologist’s inspection;

2. The Director of Public Works or the Building Official may require additional professional engineers to be hired by the permittee at his/her expense to inspect the grading work as follows:

a. An engineering geologist may be required to inspect the work for geological matters including, but not limited to, the adequacy of the natural ground for receiving fills, the stability of cut slopes, and the need for subdrains or other groundwater drainage devices;

b. A soils engineer may be required to inspect the work for elements including, but not limited to, the preparation of the ground to receive fills, the adequacy of testing for required compactions, the stability of all finished slopes, and the design of buttress fills, incorporating, where required, criteria supplied by the engineering geologist;

The permittee shall pay all costs associated with the inspections by the engineering specialists;

3. The Director of Public Works or the Building Official may require that a testing agency be hired to test and inspect the work for matters including, but not limited to, the adequacy of cleared areas and benches to receive fill, and the compaction of fills. The permittee shall pay all costs associated with the testing agency;

4. The City Engineer, Building Official, or the Director of Public Works may require that special inspections be performed by professionals hired by the permittee at his/her expense for the protection and preservation of special site conditions, including, but not limited to, archaeological and biological resources, and wetlands or vernal pools.

C. Adjustments in the Field. Field adjustments will only be permitted as follows:

1. No field adjustments by the inspectors will be permitted for work on a grading permit issued by the City Engineer. If changes are necessary, the revised plans shall be submitted for review and approval pursuant to Section 14.19.242.050.

The City Engineer may require that the approved plans or specifications be modified prior to restarting any grading work;

2. No field adjustments by the inspectors will be permitted for work on a grading permit issued by the Building Official. If changes are necessary, the revised plans shall be submitted for review and approval pursuant to Section 14.19.242.050.