Hollister Municipal Code § 15.24.115 Specific exemptions

Except as provided herein, no person may grade, fill, excavate, store, or dispose of soil or earth materials or perform any other land-disturbing or land-filling activity without first obtaining a grading permit as set forth in this chapter.

(Ord. 1053, § 1, 2009)

All land-disturbing or land-filling activities or soil storage shall be undertaken in a manner designed to minimize surface runoff, erosion, and sedimentation and to safeguard life, limb, property, and the public welfare. A person performing such activities need not apply for a permit pursuant to this chapter, if all of the following criteria are met:

A. The site upon which land area is disturbed or filled is 10,000 square feet or less;

B. Natural and finished slopes are less than ten percent;

C. Volume of soil or earth materials stored is 50 cubic yards or less;

D. Rainwater runoff is diverted, either during or after construction, from an area smaller than 5,000 square feet;

E. An impervious surface, if any, of less than 2,500 square feet is created;

F. No drainage way is blocked or has its storm water carrying capacities or characteristics modified;

G. The activity does not take place within 100 feet by horizontal measurement from the top of the bank of a watercourse, the mean high watermark (line of vegetation) of a body of water or within the wetlands associated with a watercourse or water body;

H. The grading operation does not direct concentrated storm flow onto property not owned by applicant, including public right-of-way.

(Ord. 1053, § 1, 2009; Ord. No. 1172, § 1.4, 2018)

The following activities are exempt from the grading permit requirements:

A. An excavation below finished grade for basements and footings of a building, retaining wall, or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of the structure;

B. Cemetery graves;

C. Authorized solid waste facilities operating pursuant to state law;

D. Excavations for wells or tunnels;

E. Mining, quarrying, excavating, processing, or stockpiling of rock, sand, gravel, aggregate, or clay where the use has been 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;

F. Exploratory excavations under the direction of soils engineers or engineering geologists;

G. Routine agricultural crop management practices;

H. Emergencies posing an immediate danger to life or property, or substantial flood or fire hazards;

I. Project activities of the federal or state government or any public agency.

(Ord. 1053, § 1, 2009; Ord. 1089, § 1, 2012)

The application for a permit must include all of the following items unless the city engineer determines that the proposed grading activity does not require one or more of these items:

A. Completed application on the form approved by the city engineer;

B. Site map and grading plan, as specified in this chapter;

C. Construction stormwater control plan (CSCP), as specified in this chapter;

D. Post-construction stormwater control plan (SWCP), as specified in this chapter;

E. Soils engineering report, as specified in this chapter;

F. Engineering geology report, as specified in this chapter;

G. Work schedule identifying the start date, end date, and major milestones for the work;

H. Application fees;

I. Performance bond and labor and materials bond, or other acceptable security;

J. Any supplementary material required by the city engineer.

(Ord. 1053, § 1, 2009; Ord. No. 1172, § 1.5-1.7, 2018)

A. LID principles shall be considered and incorporated as part of site planning and design as appropriately feasible. The primary goal of LID is to mimic the natural hydrologic character of a site by working with the natural landscape and hydrology to minimize increased peak flow rate, volume, and pollution levels in stormwater runoff through source control and by retaining more water on site where it falls, rather than using traditional methods of transporting water directly from the site through storm drain pipes into any waterway. Developments shall comply with the California Central Coast Regional Water Quality Control Board Resolution No. R3-2013-0032, or subsequent amendment thereto, as applicable.

B. Specifications for the site map and the grading plan shall contain information regarding construction and material requirements. In addition, the site map and grading plan shall contain the following information:

1. Existing and proposed topography of the site taken at two-foot intervals with spot elevations sufficiently detailed to define the topography over the entire site. Ninety percent of the contours shall be plotted within one contour interval of the true location. Grades shall be shown extending a minimum of 100 feet off-site, or sufficient to show on-site and off-site drainage;

2. Location of existing public agency and private utilities and the location of all other city or public owned facilities adjacent to, or within the subject property's boundaries;

3. Site's property lines shown in true location with respect to the plan's topographic information;

4. Location and graphic representation of all existing and proposed natural and manmade drainage facilities;

5. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with or as a part of the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drain;

6. Location and graphic representation of proposed excavations and fills, of on-site storage of soil and other earth material, and of on-site disposal, and the design and location of all proposed improvements;

7. Location of proposed final surface runoff, erosion, and sediment control measures;

8. Quantity of soil or earth materials in tons and cubic yards to be excavated, filled, stored, or otherwise utilized on-site;

9. Proposed sequence and schedule of excavation, filling, and other land-disturbing and filling activities, and soil or earth material storage and disposal, and installation and construction of all proposed improvements;

10. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners, which are within15 feet of the property or which may be affected by the proposed grading operations;

11. Locations of the CSCP and SWCP BMP measures.

(Ord. 1053, § 1, 2009; Ord. No. 1172, § 1.8-1.11, 2018)

The minimum standard for the appropriate selection of interim BMPs shall be in accordance with the BMP manual, or as approved by the city engineer. All of the following information shall be provided with respect to conditions existing on the site during land-disturbing or grading activities or soil storage:

A. The CSCP shall provide a graphic representation and brief description of all BMP control measures to be implemented.

B. The CSCP shall include, but not be limited to, design, specifications, and a maintenance schedule for BMP control measures for erosion control, sediment control, wind erosion and dust control, tracking control, non-stormwater management control, and waste management control.

C. Maximum surface runoff from the site shall be calculated using the method approved by the city engineer and maintained in the city of Hollister engineering department standard specifications, or any other method approved by the city engineer.

D. The CSCP shall provide a graphic representation and brief description of the vegetative measures to be used, including, but not limited to, types of seeds and fertilizer and their application rates, the type, location and extent of pre-existing and undisturbed vegetation types, and a schedule for maintenance and upkeep.

E. The location of all the measures listed by the applicant under this section shall be depicted on the grading plan, or on a separate plan at the discretion of the city engineer.

F. An estimate of the cost of implementing and maintaining all CSCP BMP control measures must be submitted on a form acceptable to the city engineer.

G. The applicant may propose the use of any BMP control measures in the CSCP plan provided such techniques are proven to be as or more effective than the equivalent best management practices contained in the BMP manual. All proposed BMP control measures must be reviewed and approved by the city engineer prior to implementation.

(Ord. 1053, § 1, 2009; Ord. No. 1172, § 1.12-1.17, 2018)

The minimum standard for the appropriate selection of SWCP BMPs shall be in accordance with the BMP manual, and shall comply with the California Central Coast Regional Water Quality Control Board Resolution No. R3-2013-0032, or subsequent amendment thereto, as applicable, or as approved by the city engineer. All of the following information shall be provided with respect to conditions existing on the site after final structures and improvements have been completed and when an interim BMP plan has not addressed the final structures and improvements:

A. Maximum runoff from the site shall be calculated using the method approved by the city engineer and maintained in the city of Hollister engineering department standard specifications, or any other method approved by the city engineer.

B. The SWCP final plan shall also contain the following information:

1. A description of and specifications for sediment retention devices;

2. A description of and specifications for surface runoff and erosion control devices;

3. A description of vegetative measures;

4. A graphic representation of the location of all items required by this section.

C. An estimate of the costs of implementing all SWCP control measures must be submitted in a form acceptable to the city engineer.

D. The applicant may propose the use of any erosion and sediment control techniques in the final plan provided such techniques are proven to be as or more effective than the equivalent best management practices contained in the BMP manual.

(Ord. 1053, § 1, 2009; Ord. No. 1172, § 1.18-1.21, 2018)

A soils engineering report shall be based on adequate and necessary test borings, and shall contain all the following information:

A. Data regarding the nature, distribution, strength, and erodibility of existing soils;

B. Data regarding the nature, distribution, strength, and erodibility of soil to be placed on the site, if any;

C. Opinions and recommendations for grading procedures;

D. Opinions and recommended designs for interim soil stabilization devices and measures and for permanent soil stabilization after construction is complete;

E. Design criteria for corrective measures when necessary;

F. Opinions and recommendations covering adequacy of sites to be developed by the proposed grading.

Recommendations included in the report and approved by the city engineer shall be incorporated in the grading plans or specifications.

(Ord. 1053, § 1, 2009)

An engineering geology report, when required by this chapter, shall be based on adequate and necessary test borings and shall contain an adequate description of the geology of the site, opinions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading. Recommendations included in the report and approved by the city engineer shall be incorporated in the grading plans or specifications.

(Ord. 1053, § 1, 2009)

The applicant must submit a work schedule showing the following information:

A. Proposed grading schedule identifying the start date, end date, and major milestones for the work;

B. Proposed conditions of the site on each July 15th, August 15th, September 15th, October 1st, and October 15th during which the permit is in effect.

C. Proposed schedule for installation of all interim BMP control measures including, but not limited to, the stage of completion of erosion and sediment control devices and vegetative measures on each of the dates set forth in the proposed schedule;

D. Schedule for construction of final improvements, if any;

E. Schedule for installation and maintenance of all permanent BMP control devices where required.

(Ord. 1053, § 1, 2009)

A. Amount of Security. The applicant shall provide security for the performance of the work described and delineated on the approved grading plans, CSCP, and SWCP in an amount determined by the city engineer but not less than 100 percent of the approved estimated cost of performing said work prior to issuance of a permit.

The applicant shall provide security for the purpose of security payment to the contractor, the contractor's subcontractor and to persons renting equipment or furnishing labor or materials for the work describe and delineated on the approved grading plans, CSCP, and SWCP in an amount determined by the city engineer but not less than 100 percent of the approved estimated cost of performing said work prior to the issuance of a permit.

The permittee shall provide security to warranty the maintenance and upkeep of the final grading and permanent improvements, described and delineated in the final grading plans, CSCP, and SWCP against defective workmanship and materials in an amount to be determined by the city engineer, but not less than 25 percent of the estimated cost of performing said work submitted by the permittee and approved by the city engineer.

B. Persons performing work under a permit issued in accordance with this chapter shall furnish a bond/bonds or cash deposit or instrument of credit executed by the permittee or his or her agent, or both, as principle in accordance with the provisions contained herein.

Bond(s) or bonds shall be issued by one or more corporate sureties authorized to transact the business of insurance by the California Insurance Commissioner. The form of the bond or bonds shall be subject to the approval of the city attorney. The bonds shall be in favor of the city and shall be conditioned upon the completion, free of liens, of the work authorized by the permit.

In lieu of a bond, the permittee may post a cash deposit, either with the city or a responsible escrow agent or trust company, of money, negotiable bonds of the kind approved for securing deposits of public moneys, or other instrument of credit from one or more financial institutions subject to regulation by the state or federal government, and approved by the city attorney, wherein said financial institution pledges funds are on deposit and conditioned for payment as described above.

C. Performance Bond and Notice of Default. The bond/bonds shall be also be conditioned that, upon notice of a finding by the city engineer that a default has occurred in the performance of any term or condition of work authorized by a permit, the bond/bonds are payable to the city for any costs incurred by the city or its agent in completing the required work or performing work necessary to leave the site in a nonhazardous condition or required to protect or repair adjacent in the event the principle or surety fails to complete work. The bond/bonds shall be further conditioned upon the payment to the city or its agents in completing the work required to protect or repair adjacent public or private properties from damage from work performed under the permit.

Whenever the city engineer makes such a finding, he or she shall give written notice of such default to the principal and surety of the bond. Such notice shall state the work remaining to be done, the estimated cost of completion and the time estimated by the city engineer to be necessary for the completion of the work. After the receipt of such notice, the principal or the surety must, within the time specified, either complete the work satisfactorily or deposit with the city an amount equal to the city engineer's estimate of the completion cost plus an additional sum equal to 25 percent of such cost.

D. Private Contract Performance Bond Principal or Surety Liability. In the event that the principal or surety fails to complete such work within the time specified in the notice, or fails to deposit the estimated cost plus 25 percent with the city, the city engineer may cause the required work to be completed. The principal and the surety shall be liable for the cost of completing such work.

E. Private Contract Performance Bond Liability of City for Performance of Certain Work. If the principal or surety deposits the estimated cost plus 25 percent as set forth in the notice, the city engineer shall cause the required work to be completed. The unexpended money shall be returned to the depositor at the completion of such work, together with an itemized accounting of the cost. The principal and surety shall hold the city blameless from any liability in connection with the work so performed by the city or contractor employed by the city. The city shall not be liable in connection with such work other than for the expenditure of said money.

(Ord. 1053, § 1, 2009; Ord. No. 1172, § 1.22, 2018)

Fees are to be paid pursuant to a schedule of fees adopted, and amended from time to time, by separate resolution of the city of Hollister city council.

(Ord. 1053, § 1, 2009)

The city engineer shall review all documents submitted pursuant to this chapter and, if necessary, request additional data, clarification of submitted data or correction of defective submissions prior to making a decision on the approval of the permit.

(Ord. 1053, § 1, 2009)

The city engineer shall notify applicant of his or her decision on the permit after the final review of initial submission and all required corrected submissions.

(Ord. 1053, § 1, 2009)

Permits issued under this chapter shall be valid for the period during which the proposed land-disturbing or grading activities and soil storage takes place or is scheduled to take place, whichever is shorter. Permittee shall commence permitted activities within 60 days of the scheduled commencement date for grading or the permittee shall resubmit all required application forms, maps, plans, schedules, and security to the city engineer except where an item to be resubmitted is waived by the city engineer. The city engineer may require additional fees if additional staff time is required.

(Ord. 1053, § 1, 2009)

The applicant may request a hearing before the city council within five working days of notification of a permit denial. The hearing shall be held at the next regular city council meeting following the date of the request for a hearing, pursuant to state law notice requirements.

(Ord. 1053, § 1, 2009)

A permit issued pursuant to this article may be assigned, provided all of the following requirements are met. The city engineer shall provide the proposed assignee with written notice of the approval or denial, with the basis for the denial, of the proposed assignment.

A. The permittee provides written notice to the city engineer of the proposed assignment no less than 30 days before the proposed assignment;

B. The proposed assignee provides the following items to the city engineer when the notice of the proposed assignment is given to the city engineer:

1. Provides application information required by this chapter,

2. Agrees in writing to all the conditions and duties imposed by the permit,

3. Agrees in writing to assume responsibility for all work performed prior to the assignment,

4. Provides security required by this chapter,

5. Pays all required fees, and

6. Provides an acknowledgement by the design civil engineer, soils engineer, and engineering geologist authorizing the use of their engineering design plans, specifications, reports, and documents for the project.

(Ord. 1053, § 1, 2009)

Where an applicant does not plan to construct permanent improvements on the site, or plans to leave portions of the site graded but unimproved, the applicant must:

A. Meet all the requirements of this chapter except that an interim plan designed to control runoff and erosion on the site for the period of time during which the site, or portions thereof, remain unimproved must be submitted in lieu of a final plan; and

B. Submit executed contract(s) obligating the applicant to perform maintenance and upkeep of the graded but unimproved portions of the site and to provide that all work be warranted against defective workmanship and materials for a warranty period of one year after completion of the grading.

(Ord. 1053, § 1, 2009)