2009-040 Ch. 2 Eng Design ManualRESOLUTION 2009-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS,
CALIFORNIA ADOPTING CHAPTER 2 OF THE ENGINEERING DESIGN MANUAL
WHEREAS, the City of Encinitas Engineering Services Department has prepared an
Engineering Design Manual to guide the public and professionals in the submittal of required
material to the Engineering Services Departments for the processing of Engineering permits,
grading plans, subdivision maps and parcel maps, drainage designs, sewer designs and water
designs; and
WHEREAS, the first six chapters of the Engineering Design Manual have been made
available for review by members of the public and the professional communiity in public
workshops and on the City of Encinitas web page; and
NOW, THEREFORE, the City Council of the City of Encinitas hereby ordains as
follows:
SECTION 1: ADOPTION OF CHAPTER 2 OF THE ENGINEERING DESIGN
MANUAL
Chapter 2 of the Engineering Design Manual, Attachment 1 to this resolution, is hereby adopted
by the City Council and is to be a comprehensive guide to the policies and processes for
processing Engineering permits.
SECTION 2: ENVIRONMENTAL FINDING:
The City Council, in their independent judgment, finds that the adoption of Chapter 2 of the
Engineering Design Manual will be exempt from Environmental Review pursuant to General Rule
15061 (b) (3) since there would be no possibility of a significant effect on the environment because
the Design Manual will not directly result in development; any development permit processed as a
result of the policies and processes contained within the Engineering Design Manual may be subject
to CEQA review and analysis as part of the processing of the permit.
SECTION 3: EFFECTIVE DATE:
This resolution was adopted on October 28, 2009 and will immediately become effective.
PASSED AND ADOPTED this 28th day of October, 2009 by the following vote, to wit:
AYES: Barth, Bond, Dalager, Houlihan, Stocks.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
Mag %*oo&uu11ihan, Mayor
ATTEST:
Deborah Cervone, City Clerk
CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009
Table of Contents
CHAPTER 2 - PERMITS AND PROCESSING
Subject
GENERAL INFORMATION
Purpose of this Chapter
General Engineering Permit Requirements
ENGINEERING DEPARTMENT PERMITS NOT REQUIRING
A RECORD DRAWING
Permanent Encroachment Permit
Sidewalk Cafe/Outdoor Dining Permit
Temporary Encroachment Permit
Beach Encroachment Permit
Utility Construction Permit
Major and Minor Right-of-Way Construction Permits
Sewer Lateral Construction Permit
Traffic Control Plan
Haul Route Permits
Street Name Change
Street Vacation
ENGINEERING PERMITS REQUIRING THE PREPARATION
OF A PUBLIC RECORD DRAWING
Section Page
2.100 2-1
2.101 2-1
2.102 2-1
2.200 2-2
2.201
2-2
2.202
2-2
2.203
2-3
2.204
2-3
2.205
2-3
2.206
2-4
2.207
2-5
2.208
2-5
2.209
2-6
2.210
2-6
2.211
2-6
2.300 2-7
Grading Permit
2.301
2-7
Simplified Grading Permit
2.301.1
2-7
Precise Grading Permit
2.301.2
2-8
Emergency Grading Permits
2.301.3
2-8
Public Improvement Permit
2.302
2-9
ENGINEERING DEPARTMENT REVIEWS. FEES, AND 2.400 2-10
INSPECTIONS FOR BUILDING PERMITS
Requirements for Building Plan Submittals 2.401 2-10
Engineering Review of Building Plans 2.402 2-11
TABLE OF CONTENTS PAGE i
CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009
Table of Contents
CHAPTER 2 - CONTINUED
Subject
Section Page
ENGINEERING DEPARTMENT REVIEWS, FEES, AND
INSPECTIONS FOR BUILDING PERMITS - Continued
Engineering Review of Building Plans - continued
Submittal of Building Plans
Engineering Department Building Plan Review
Engineering Department Building Plan Approval
Engineering Department Fees for Building Permits
Sewer Fees
Flood Control Fees
Traffic Mitigation Fees
Storm Water Inspection for Building Permits
Building Permits Associated with an Engineering Permit
Building Permits Without an Associated Engineering
Permit
2.402.1
2.402.2
2.402.3
2.403
2.403.1
2.403.2
2.403.3
2.404
2.404.1
2.404.2
2-11
2-11
2-12
2-12
2-12
2-13
2-13
2-14
2-14
2-14
THE GRADING AND IMPROVEMENT PLANCHECK PROCESS 2.500
2-16
Grading and Improvement Plan Submittal
2.501
2-16
Initial Submittal Requirement List
2.501.1
2-16
Plancheck Fees and Refund Policy
2.501.2
2-16
Grading and Improvement Plan Examination
2.502
2-17
Plancheck Overview
2.502.1
2-17
Plancheck by Other Departments and Agencies
2.502.2
2-18
Plancheck Resubmittals
2.502.3
2-18
Plancheck Turnaround Time
2.502.4
2-18
Release of Plancheck Package
2.502.5
2-19
Considerations for Grading and Improvement Plan Approval
2.503
2-19
Grading and Improvement Plan Approval
2.504
2-23
General Information
2.504.1
2-23
Duration Plan Approval Remains Valid
2.504.2
2-24
PAGE ii TABLE OF CONTENTS
CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009
Table of Contents
CHAPTER 2 - CONTINUED
Subject
Section Page
THE GRADING AND IMPROVEMENT PLANCHECK PROCESS - Continued
Duration Permit Remains Valid
2.504.3
2-24
Effects of Change in Engineering Standard
2.504.4
2-24
Grading and Improvement Plan Approval - Continued
Appeal of Requirement Imposed by the City Engineer
2.504.5
2-25
Determination of Fees and Posting of Securities
2.505
2-26
Preparation and Approval of the Engineer's Cost
2.505.1
2-26
Estimate
Issuance of the Bond and Fee Letter
2.505.2
2-27
Posting of Securities
2.505.3
2-27
Permit Issuance
2.506
2-28
Construction Changes
2.507
2-29
Preparation of Construction Change Drawings
2.507.1
2-29
Construction Change Fees
2.507.2
2-30
The Construction Change Plancheck Process
2.507.3
2-30
Change of Engineer
2.507.4
2-31
Change of Property Ownership
2.507.5
2-32
Plan Change Requested by City Engineer
2.507.6
2-33
The Emergency Grading Permit Process for Bluff Stabilization
2.508
2-33
Emergency Grading Permit
2.508.1
2-33
Standard Grading Permit for Bluff Stabilization
2.508.2
2-34
THE CONSTRUCTION PROCESS FOR GRADING AND
2.600
2-36
IMPROVEMENT PERMITS
Preconstruction Meeting
2.601
2-36
Start of Construction and Inspection
2.602
2-36
Construction Changes and Communication During Construction
2.603
2-37
After-Hours Inspections
2.604
2-37
Permit Suspension and Stop-Work Notices
2.605
2-37
TABLE OF CONTENTS PAGE iii
CITY OF ENCINITAS ENGINEERING DESIGN MANUAL - 2009
Table of Contents
CHAPTER 2 - CONTINUED
Subject
THE CONSTRUCTION PROCESS FOR GRADING AND
IMPROVEMENT PERMITS - Continued
Rough Grade Approval for Grading Plans
Pad Certification
As-Graded Soils Report
Rough Grade Conditional Approval for Grading Plans
Building Permit Clearance by the Engineering Department
Partial Security Release
Engineering Department Field Clearance for Building
Occupancy
As-Built (Record) Drawings
Engineer's Statement of Compliance for Grading Work
Soils Engineer's Final Grading Report
Final Inspection and Release of Grading or Improvement
Permit
Final Release of Securities
Public Improvement Plan Warranty Period and 25% Security
Retention
UNPERMITTED WORK
Section Page
2.606
2-38
2.606.1
2-38
2.606.2
2-39
2.607
2-39
2.608
2-39
2.609
2-40
2.610
2-40
2.611
2-41
2.611.1
2-41
2.611.2
2-42
2.612
2-42
2.613 2-42
2.614 2-42
2.701) 2-44
PAGE iv TABLE OF CONTENTS
CITY (W 1:X( 1V'f1:1~ 1:A(;1XVJA1\'(; 1ASIC,A MAMIA1 2009
CHAPTER 2
PERMITS AND PROCESSING GUIDELINES
2.100 GENERAL INFORMATION.
2.101 PURPOSE OF THIS CHAPTER.
The intent of this chapter is to briefly describe the variety
of permits issued by the Engineering Department and the
processes of permit issuance and project construction/
inspection. General Engineering permit requirements
applicable to all permits are given below. Descriptions of
Engineering permits, the plan check process, and the
emergency grading permit process are discussed in
Sections 2.200 through 2.500 below. The construction/
inspection process and the Department's procedures for
addressing unauthorized work are discussed in Sections
2.600 and 2.700, respectively.
2.102 GENERAL ENGINEERING PERMIT REQUIREMENTS.
A number of Engineering permits may be issued without the
preparation of a record drawing. These permits require, at a
minimum, the following:
A. A completed Engineering Development Application (see
Appendix 1.2).
B. Payment of applicable fees (see Appendix 1.3).
C. Preparation and approval of a plot plan or exhibit, if
required.
D. Preparation and approval of a traffic control plan, if
required.
E. Approval by the Engineering Department.
F. A City of Encinitas business license for any contractor
who will perform work under a permit issued by the City.
G. Liability insurance meeting the City's requirements.
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2.200 ENGINEERING DEPARTMENT PERMITS NOT
REQUIRING A RECORD DRAWING.
The Engineering Department issues a variety of permits,
some of which require record drawings and others which do
not. Those permits not requiring a record drawing are
discussed in Section 2.200 below. Grading and
Improvement permits, which require the preparation of a
record drawing, are discussed in Section 2.300 below.
2.201 PERMANENT ENCROACHMENT PERMIT.
A Permanent Encroachment Permit is required prior to the
construction or placement within public rights-of-way/
easements of permanent private improvements such as
newsracks or private walkways, landscaping, or irrigation.
The encroachment of private facilities which impair the
public beneficial use, health, and/or safety of public rights-
of-way or easements cannot be allowed; refer to Municipal
Code Section 15.08 and the Permanent Encroachment
Application and Procedure Sheet included in Appendix 2.1
of this manual for further information. A sample permit for
newsracks in the public right-of-way is included as
Appendix 2.2(a).
Prior to issuance of a Permanent Encroachment Permit, the
applicant shall obtain from the City an Encroachment
Maintenance and Removal Covenant standard document.
The executed document, including the associated
description and exhibit of the proposed encroachment,
must be submitted for City consideration; if approved, the
covenant will be recorded against the property. The
applicant is responsible for the recordation fees charged by
the San Diego County Recorder. A sample Encroachment
Maintenance and Removal Covenant is attached as
Appendix 1.21 of this manual. See Section 2.102 of this
manual for general permit requirements.
2.202 SIDEWALK CAFE/ OUTDOOR DINING PERMIT.
A permit for a sidewalk cafe/ outdoor dining area is a
special type of Permanent Encroachment Permit. A
Permanent Encroachment Permit is required for a
sidewalk/outdoor cafe proposing to utilize area within a
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public right-of-way or easement. The applicant shall
submit to the City a plat showing the proposed placement
of all tables and chairs for staff consideration. The plat
shall meet all applicable Municipal Code requirements (see
Municipal Code 30.48.050) and shall be approved prior to
issuance of the Permanent Encroachment Permit. A copy
of the restaurant business registration is also required
prior to permit issuance. See Section 2.102 of this manual
for general permit requirements and Appendix 2.2(b) for a
sample permit.
2.203 TEMPORARY ENCROACHMENT PERMIT.
A Temporary Encroachment Permit is required for any
object proposed to be placed within a public right-of-way
or easement on a temporary basis. A traffic control plan
may be required by the City based upon the nature of the
proposed temporary encroachment. The encroachment of
facilities which impair the public beneficial use, health,
and/or safety of public rights-of-way or easements will not
be allowed. See Section 2.102 of this manual for general
permit requirements.
2.204 BEACH ENCROACHMENT PERMIT.
A Beach Encroachment Permit is required for work
requiring beach access and/or temporary beach
encroachment, which may include work such as the
construction of seawalls, tree trimming, bluff maintenance,
or bluff stabilization. See Section 2.102 of this manual for
general permit requirements.
2.205 UTILITY CONSTRUCTION PERMIT.
A Utility Construction Permit is required for any public
utility company operating under a franchise agreement
with the City, State, or federal government and proposing
to perform minor construction or maintenance work: in the
public right-of-way. Major work within public rights-of-way
or easements may require additional permits. The right-
of-way construction permit standard conditions form
included in Appendix 2.3 must be signed and attached to
the standard development application, and a traffic control
plan shall be submitted to the City and approved prior to
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the start of work. In addition to other permit fees,
applicants for Utility Construction Permits proposing
trenching in excess of 200 linear feet will be required to
pay an inspection fee in the amount of 5% of the approved
cost estimate for the proposed work.
Trench repairs shall be done as per the City of Encinitas
standard trench repair detail, included as Appendix 2.4 of
this manual. The City trenching moratorium restricts work
from being performed on a street paved within the
preceding two years, unless an exception is approved by
the City Engineer. Refer to Appendix 2.5 for the trenching
moratorium. See Section 2.102 of this manual for general
permit requirements.
2.206 MAJOR AND MINOR RIGHT-OF-WAY CONSTRUCTION
PERMITS.
Public Improvement Permits are required for
improvements within the existing or proposed public right-
of-way. If, at the discretion of the City Engineer, the
proposed work is deemed to be relatively insignificant in
nature and no public record drawings will be required for
future reference, the applicant may be allowed to conduct
the work under a Minor or Major Right-of-Way
Construction Permit. The required type of Right-of-Way
Construction Permit, Major or Minor, is determined by the
nature of the work proposed, as described below.
A Minor Right-of-Way Construction Permit is required for
work proposed within a public right-of-way or easement
that is associated with the development of a single-family
home and does not exceed any of the thresholds
necessitating a Major Right-of-Way Construction Permit
discussed in the paragraph below.
A Major Right-of-Way Construction Permits is required for
work proposed within a public right-of-way or easement
that is not associated with the development of a single
family home, any work including more than one trench,
trench work equal to or greater than 200 feet in length,
and work having a City-approved cost estimate exceeding
$10,000.00.
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Both Major and Minor Right-of-Way Construction Permits
require the contractor performing work within the public
right-of-way to have a type `A' California State license and
one-million-dollar liability insurance on file at the City of
Encinitas Engineering Department. The City requirements
for proof of insurance are attached as Appendix 2.6 of this
manual. In addition, the applicant shall provide with the
application for the permit a signed Right-of-Way
Construction Permit Standard Conditions sheet with the
application, acknowledging the City rules for work: within
the public right-of-way; see Appendix 2.3 of this manual.
In addition to other permit fees, applicants for right-of-way
construction permits proposing trenching in excess of 200
linear feet will be required to pay an inspection fee in the
amount of 5% of the approved cost estimate for the
proposed work. A traffic control plan as described in
Section 2.208 is required. See Section 2.102 of this
manual for general permit requirements.
Trench repairs shall be performed in conformance with the
City of Encinitas standard trench repair detail, included as
Appendix 2.4 of this manual. The City trenching
moratorium restricts work from being performed on a
street paved within the preceding two years, unless a
modification to the restriction is approved by the City
Engineer. Refer to Appendix 2.5 for the trenching
moratorium.
An explanation of the Right-of-Way Construction Permit
application and permit procedure is included in Appendix
2.7 of this manual.
2.207 SEWER LATERAL CONSTRUCTION PERMIT.
See Section 2.206 above for information on Right-of-Way
Construction Permits.
2.208 TRAFFIC CONTROL PLAN.
A traffic control plan is required for work proposed within
streets that have a speed limit of over 25 miles per hour
(mph). The Traffic Engineering Division may also require
Traffic Control Plans on streets with a speed limit of 25
mph or less after review of the proposed work. Projects
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not requiring a traffic control plan must follow the standard
procedures in the Work Area Traffic Control Handbook
(W.A.T.C.H.).
Traffic control plans must have a TC-5 form (San Diego
Regional Standard Drawings form) attached as the first
sheet, and the plans shall follow the guidelines of the most
recent Manual of Uniform Traffic Control Devices (MUTCD),
the California Supplement, and the San Diego Regional
Standard Drawings (SDRSD).
A plancheck fee is required in accordance with the current
fee schedule. City processing time will be a minimum of 5
working days but may be longer depending upon the
complexity of the plan. See Section 2.102 of this manual
for general permit requirements.
2.209 HAUL ROUTE PERMITS.
A haul route is required when any soil or materials are
being transported within the City. The Haul Route Permit
is a no-fee permit that requires City approval and is; issued
over the counter. Engineering Department staff will
determine the allowable route. If soil is proposed to be
hauled to another location within the City, both the origin
and the destination properties will be required to have
active grading permits or have City approval for the
removal and placement of the material. See Section
2.102 of this manual for general permit requirements and
Appendix 2.8 for a sample Haul Route Permit.
2.210 STREET NAME CHANGE.
A street name change application is required whenever an
applicant desires to change an existing street name to a
proposed new name. The name change is subject to City
approval. The street name change application and
requirements are given in Appendix 2.9 of this manual.
2.211 STREET VACATION.
Street vacation requests require City Council approval. An
application is given in Appendix 2.10 of this manual.
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2.300 ENGINEERING PERMITS REQUIRING THE
PREPARATION OF A PUBLIC RECORD DRAWING.
Record Drawing mylar plans are generally 24" x 36" in size.
They are kept permanently in the City of Encinitas record
system. Public record drawings are required for both
Grading Plans and Improvement Plans, hereinafter referred
to collectively as `plans'. The Engineering Department plan
check process for Grading Plans and Improvement Plans is
described in Section 2.500 of this manual, and the
Emergency Grading Permit process is discussed in Section
2.508. The Engineering Department non-permitting review
of Building Plans is discussed in Section 2.400 below.
2.301 GRADING PERMIT.
Grading Permits are required for any earth movement,
clearing and grubbing, remedial earthwork, drainage
improvements, and for the creation of new impervious
surface areas, unless the work is exempt per Municipal Code
Section 23.24.
2.301.1 Simplified Grading Permit. A Simplified Grading Permit may,
at the discretion of the City Engineer, be issued instead of a
standard Grading Permit. The applicant is required to obtain
from the City Engineer permission to submit an application
for a Simplified Grading Plan instead of a standard Grading
Plan prior to making the initial submittal. If discovered
during plan check or construction that the requirements for
a Simplified Grading Permit are not met, the applicant may
be required to obtain from the City a standard Grading
Permit, at the discretion of the City Engineer.
Typically, Simplified Grading Permits are intended for single
family residence projects meeting certain conditions as
described in Section 23.24.125 of the Municipal Code.
Simplified Grading Plans follow the plan check process as
described in Section 2.500 below with the following
modifications:
A. The applicant will be required to obtain the Engineering
Department approval signatures as described in Section
2.504 below but in most circumstances will not be
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required to obtain the signatures of other City
departments or other agencies or jurisdictions.
B. No engineer's cost estimate is required
C. A simplified bond and fee letter will be issued for the
project. If the simplified grading is not proposed in
association with a Building Permit, a $2000.00 deposit is
required, refundable upon satisfactory completion of the
grading.
D. The applicant will be required to pay a flat fee covering
both the Simplified Grading Plan check and its inspection.
2.301.2 Precise Grading Permit. In some situations, the Grading
Plan initially approved for a project may not show sufficient
detail with regards to existing and/or proposed structures,
building pad elevations, building footprints, existing and
proposed drainage, and proposed storm water pollution
control best management practice measures. Other- times,
a pad is graded long before a structure is proposed to be
built upon it, necessitating remedial earthwork to ensure the
pad is suitable to receive the structure. In such situations, a
second Grading Permit called a Precise Grading Permit may
be required; Precise Grading Permits are discussed in
Section 23.24.126 of the Municipal Code. If the proposed
work for the precise grading is consistent with the standards
for a Simplified Grading Permit as discussed in Municipal
Code Section 23.24.125, the City Engineer may approve the
proposed grading to be submitted as part of a Simplified
Grading Permit, described in Section 2.301.1 above.
2.301.3 Emergency Grading Permits. Certain circumstances, such
as imminent bluff failures, may require the issuance of an
Emergency Grading Permit. In these cases, the City
Engineer will determine whether a standard Grading Permit
will be processed or whether an interim Grading Permit
followed by a standard Grading Permit will be required. The
Emergency Grading Permit process is discussed in ;Section
2.301.3 of this manual.
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2.302 PUBLIC IMPROVEMENT PERMIT.
Public Improvement Permits are required for any
improvements within the existing or proposed public right-
of-way, such as street or sewer improvements. If, at the
discretion of the City Engineer, the proposed work is
deemed to be relatively insignificant in nature and no public
record drawings will be required for future reference, the
applicant may be allowed to conduct the work under other
Engineering permits. A summary of right-of-way dedication
and improvement requirements for various levels of
residential and commercial development is included in
Appendix 2.22 of this manual. Standard notes for the
improvement plan title sheet, standard notes for sewer
improvement plans, and an improvement plan checklist are
given in Appendices 2.31, 2.32, and 2.33 of this manual,
respectively.
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2.400 ENGINEERING DEPARTMENT REVIEWS, FEES,
AND INSPECTIONS FOR BUILDING PERMITS.
Although Building Permits are issued by the Building
Department, the Engineering Department performs a non-
permitting review of Building Plans in order to ensure
compliance with Engineering Department requirements.
Engineering review and approval of the Building Permit
application is required prior to permit issuance. The items
discussed here pertain only to the Engineering Department
requirements for Building Permits; other departments will
have additional requirements.
2.401 REQUIREMENTS FOR BUILDING PLAN SUBMITTALS.
For a Building Plan subject to Engineering review, the
following documents shall be submitted:
A. Building Permit site plan including, at a minimum, the
following information as applicable:
1. Proposed building footprint and footprint of all existing
structures.
2. Existing and proposed drainage directions and
systems. Proposed landscape drain systems must be
shown.
3. Proposed soil remediation.
4. Any proposed grading or earth-moving work together
with estimated quantities.
5. Existing and proposed elevation contours.
6. Elevation contours and existing improvements on the
adjacent properties for up to 50 feet beyond the
subject property on all sides, as required by the
Engineering Department.
7. Shoring and proposed sloped or vertical excavations.
8. Post-construction storm water pollution control BMPs.
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9. Existing and proposed hard-surface, paved, roof, and
other impervious surface areas.
10. Location of any proposed pool.
B. Title report showing current property ownership and
easements, if required by the Engineering Department.
C. Soils report, if required by the Engineering Department.
2.402 ENGINEERING REVIEW OF BUILDING PLANS.
2.402.1 Submittal of Building Plans The applicant will submit all
Building Plan materials directly to the Building Department,
but Building will require that the applicant first present the
plans to the Engineering Department for a determination of
whether an Engineering review will be required. If
determined that a Grading Permit is required for the
proposed work, the Engineering Department will authorize
the Building Plan submittal after a Grading Plan has been
submitted for review. Once the Engineering Department
has agreed to accept the Building Plans for submittal, the
Building Department will accept the Building Permit
application and route the plans to the Engineering
Department for review, if required. The Engineering
Department charges plancheck fees for the review of
Building Plans; a schedule of fees is included in Appendix
1.3 this manual.
2.402.2 Engineering Department Building Plan Review. Engineering
will review and comment on the plans, following as a
guideline the Building Plan Checklist included as Appendix
2.11 of this manual. Building Plans will also be checked to
ensure the presence of the required Engineering
Department standard notes, attached as Appendix :2.12 of
this manual. The completed Building Plan Checklist will be
provided to the contact person listed on the application, and
Engineering will verify that all required changes are made on
the subsequent submittals. The Engineering Department
may determine as a part of this review that a Grading
Permit is required. If so, the approved Grading Plan will be
attached to the back of the Building Plan set, and the
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Engineering Department planchecker will verify agreement
between the Grading plan and the Building Permit site plan.
2.402.3 Engineering Department Building Plan ApprovalAt such
time as the Engineering Department determines that with
the Building Plan meets all Engineering requirements, the
planchecker will issue a preliminary approval and stamp the
Building Plan as approved by Engineering. The applicant will
be required to pay any Sewer Fees, and if there is an
associated Grading Plan, to obtain rough grade approval
prior to issuance of the Building Permit. Other Engineering
Department fees, such as Flood Control and Traffic
Mitigation Fees, may be deferred until the time the applicant
requests permission for Building Occupancy to be issued.
Sewer, Flood Control, and Traffic Mitigation Fees are
discussed in Section 2.403 below.
2.403 ENGINEERING DEPARTMENT FEES FOR BUILDING PERram
The City of Encinitas has adopted regulations that require
the payment of fees to contribute to the funding of new
infrastructure needed as a result of private development
projects. The impact fees assessed by the Engineering
Department in conjunction with Building Permits include
Sewer Fees, Flood Control Fees, and Traffic Mitigation Fees.
Impact fees assessed by other departments may also be
applicable, such as Fire Mitigation, Parks and Recreation,
School, and Water Fees.
2.403.1 Sewer Fees. Sewer Fees are assessed when projects
include connection to the public sanitary sewer system in
the former Cardiff Sanitation or Encinitas Sanitary districts,
now administered by the City. Additional fees will also be
charged for projects on properties currently connected to
the sanitary sewer where the proposed development
augments usage, such as the construction of a guest: house
or a proposed change in use of the property. The
Engineering planchecker will determine the amount due for
any Sewer Fees during the Building Plan check and will
communicate the dollar amount to the applicant. Applicable
Sewer Fees are required to be paid prior to issuance of the
Building Permit. Projects under the jurisdiction of Leucadia
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Wastewater District will be assessed any applicable fees by
that district. If a project falls within an established sewer
reimbursement district, additional payment in accordance
with the terms of the reimbursement district will be required
prior to issuance of the Building Permit. Information about
sewer reimbursement districts can be found in Chapter 4,
Section 4.600 of this manual, and a list of current: sewer
reimbursement districts and the associated reimbursement
fees may be obtained at the Engineering front counter at
City Hall.
2.403.2 Flood Control Fees. Flood Control Fees are assessed when
projects include the construction of new impervious areas,
such as driveways, roofs, or flatwork around pools. The fees
are used to construct public drainage facilities needed for
flood control. Flood control fees for any private
improvements proposed on a Grading Plan will be assessed
prior to issuance of the Grading Permit, and Flood Control
Fees associated with construction proposed on a Building
Plan will be assessed prior to the final inspection for the
Building Permit. The Engineering planchecker will determine
the amount of Flood Control Fees due during plancheck of
the Building Plan and will communicate this amount to the
applicant. The applicant may defer payment of the flee until
such time as the final inspection for the Building Permit is
requested. A form for the calculation of Building Permit
Flood Control Fees is attached as Appendix 2.13 of this
manual.
2.403.3 Traffic Mitigation Fees. Traffic Mitigation Fees are used to
construct and improve main thoroughfares. The fee is
based upon the estimated impact of the proposed
development on the traffic, estimated in terms of peak hour
trips. For larger projects, a traffic study may be prepared
and submitted to the City, but for smaller projects, a
standard usage table will be used for the assignment of
peak hour trips to the proposed project. The table used as a
guideline for the Traffic Mitigation Fee assessment is
attached as Appendix 2.13 of this manual. For residential
projects, the City also collects Regional Transportation
Congestion Improvement Program (RTCIP) fees mandated
by the SANDAG. The Engineering planchecker will
determine the amount of these fees during plancheck; of the
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Building Plan and will communicate to the applicant the
amount due. Traffic Mitigation and RTCIP fees are required
to be paid prior to the final inspection for the Building
Permit.
2.404 STORM WATER INSPECTION FOR BUILDING PERMITS.
The Engineering Department conducts inspections to ensure
that facilities required for storm water pollution control
treatment (Best Management Practice measures, or BMPs)
have been satisfactorily installed. Homeowners are required
to maintain the BMP measures into perpetuity following
inspection by the Engineering Inspector or Stormwater
Inspector; modifications to the BMP measures may be made
only with a permit from the Engineering Department. In
conformance with State requirements, ongoing periodic BMP
inspections are conducted by the City, and a catalogue of
BMP installations is maintained in the GIS database and is
available to the public.
2.404.1 Buildina Permits Associated with an Engineering Permit. For
Building Permits with an associated Grading Permit, the
Engineering Inspector, not a Stormwater Inspector, will
verify proper installation of the required BMP measures.
The inspection process for Grading and Improvement
Permits is described in Section 2.4 of this manual.
Installation and proper operation of the required BMPs to
the satisfaction of the City Engineer is a prerequisite for the
issuance of field clearance for building occupancy.
2.404.2 Building Permits Without an Associated Engineering Permit.
For Building Permits without an associated Grading Permit,
the stormwater inspection will be separate from other
Building Permit inspections and will not be performed by the
Building Inspector but instead by a Stormwater Inspector.
When the stormwater pollution control BMPs shown on the
Building Plan have been installed, the applicant or contractor
shall contact the Stormwater Inspector to arrange a field
verification of the facilities. The Stormwater inspections are
mandated to be performed prior to foundation inspection
and then again prior to the final inspection for the Building
Permit. Once it has been determined that the BMPs are
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satisfactory, the Stormwater Inspector will complete an
inspection form and submit it to Engineering counter staff.
Engineering staff will verify receipt of the stormwater
inspection form prior to release of the Engineering
Department holds placed on issuance of building occupancy.
A sample of the stormwater inspection form is included as
Appendix 2.15 of this manual.
('I 1,A1'H R 2 PA(II ? 11-1
(I~I Y ( 1 V; I \t;Jyd U\(; lll~ IC~A M \MIA1 ?C)09
2.500 THE GRADING AND IMPROVEMENT
PLANCHECK PROCESS.
The process of obtaining a Grading or Improvement: Permit
including the plan submittal, plan examination, plan
approval, permit issuance, construction changes, and as-
built preparation are covered in this section. A flow chart
illustrating the process from first submittal to permit
issuance is included as Appendix 2.16 of this manual.
2.501 GRADING AND IMPROVEMENT PLAN SUBMITTAL.
2.501.1 Initial Submittal Requirement List. The Grading/
Improvement Plan Initial Submittal Requirement Lists in
Appendices 2.17 and 2.18 and the Engineering
Development Application in Appendix 1.2 shall be
completed and accompany the plans when the plan review
package is initially submitted to the Engineering
Department for examination. Planning Department
authorization to submit the plans is required prior to
submittal of the initial plancheck package to the
Engineering Department.
All applicable items on the Grading/ Improvement Plan
Initial Submittal Requirement List must accompany the
plans in the quantities specified on the list. Submittals
without the required quantities of each item may not be
accepted by the Engineering Department for submittal. A
submittal discovered during plancheck to be incomplete
will be returned by the planchecker to the engineer of work
without benefit of a review.
2.501.2 Plancheck Fees and Refund Policv Payment of applicable
plancheck fees shall be made upon first submittal, and
additional fees may be required upon subsequent
submittals consistent with the City schedule of fees. The
schedule of fees is available at the Engineering
Department front counter at City Hall, on the City website,
and is included in Appendix 1.3 of this manual. The fee
schedules are subject to change. Additional plancheck fees
as outlined in the then-current fee schedule may be required
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if a plancheck remains inactive for a period of six months or
longer.
Plancheck fees paid are specific to the submittal they
accompany and are only refundable according to the
Plancheck Refund Policy, attached as Appendix 2.14 of this
manual.
2.502 GRADING AND IMPROVEMENT PLAN EXAMINATION.
Once the initial plan review submittal has been made, the
Engineering Department planchecker will check the
submittal package and work with the engineer of work to
address review comments. When the plancheck, items
have been resolved and all associated requirements have
been satisfied, the planchecker will coordinate final
approval of the plans. The plan examination phase is
discussed below; Section 2.503 discusses various
requirements associated with Grading and Improvement
Permits, and Section 2.504 covers the final approval
process.
2.502.1 Plancheck Overview. The Engineering Department will
check the plan for compliance with the conditions of
approval for any associated discretionary permits and
conformance with City codes and requirements. An
improvement plan checklist is given in Appendix 2.33 of
this manual. The plan review does not relieve the
applicant's engineer of the ultimate responsibility for the
design and sufficiency of the plans. The engineer of work
and the applicant are responsible for reading the
conditions of approval for any associated discretionary
permits and for complying with all items.
When the reviewer has finished the plan examination, the
plancheck package including a copy of the plans and
accompanying documents will be returned to the engineer
of work for corrections. Necessary corrections and missing
items will be noted in red. Any missing items or
corrections which may have been inadvertently overlooked
on the first and/ or subsequent examinations are still the
engineer of work's responsibility and must be complied
with prior to the plans being considered for approval.
C'[ FY OI' l l\I I I 11'X(;1\1TRI\C; 1)IN('1A NIAMI 11_ 2009
2.502.2 Plancheck By Other Departments and Agencies.. The
Engineering Department coordinates the submittal and
checking of all materials related to Grading and
Improvement Plans on behalf of the other City
departments. The package returned to the engineer of
work will include available comments from other City
departments if those departments routed comments, to the
Engineering Department instead of to the engineer of work
directly. In some cases, the plans may require the
approval of a district or agency distinct from the City, such
as Leucadia County Wastewater District, Olivenhain
Municipal Water District, or the County Department of
Environmental Health. In such cases, the engineer of work
is required to process the plans separately with the
autonomous district; the City does not coordinate this
review. The engineer of work is responsible for
communicating directly with other departments, agencies,
and autonomous districts reviewing the plans as well as for
resolving all plan review issues to ensure satisfaction with
all departments and districts prior to plan approval.
2.502.3 Plancheck Resubmittals. After all of the requested
plancheck corrections have been made to the plan and
accompanying documents, the entire package including
previous check prints, reference documents, and the
requested number of revised plans and other documents
shall be submitted to the Engineering Department for re-
examination; see Section 2.501 of this manual regarding
requirements for submittal completeness. This submittal
process is repeated until all requests for correction have
been addressed to the satisfaction of the City Engineer.
2.502.4 Plancheck Turnaround Time. The plan review turnaround
time depends upon a number of factors, including City
workload. The extent of plan review comments and the
number of resubmittals required is dependent upon the
complexity of the project, the adequacy of materials
submitted for review, and the responsiveness of the
engineer of work and applicant; the extent of the review
comments may vary between projects. Plans are reviewed
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in the order received; resubmittals do not receive priority
over initial submittals in the plancheck queue. Most
submittals will require at least two plan reviews before the
plans are deemed ready for approval.
2.502.5 Release of Plancheck Package. Plancheck items shall not
be released except to the engineer of work or authorized
representative. If the engineer of work wishes to allow
another individual, such as the applicant, to process the
plan review on his or her behalf, a letter of permission to
release materials to that person shall be submitted to the
City. Approved plans are public record, and copies of such
Record Drawings may be obtained from City files by any
requestor. Mylars of public record plans on file with the
City may be released only to licensed, bonded blueprint
companies.
2.503 CONSIDERATIONS FOR GRADING AND
IMPROVEMENT PLAN APPROVAL.
The planchecker must determine that all requirements
associated with the plancheck have been satisfactorily
completed prior to seeking plan approval. The
determination that the plans are ready for approval may
be made only when all plan corrections have! been
addressed to the satisfaction of the City Engineer, and all
of the associated project items below have been
satisfactorily addressed. Some requirements may not be
applicable to a particular project.
A. All conditions of approval have been satisfied.
B. All required covenants and/or easements have been
recorded with the County Recorder, conformed copies
have been submitted to the City Engineer, and the
recording information has been entered on the plans.
Other than the exceptions noted below, these
documents are prepared by the Engineering
Department. A description of some of the typical
covenants appears below.
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1. Hold Harmless for Drainage In cases where pre-
development cross-lot drainage patterns will be
maintained without the installation of a storm drain
system and the grant of applicable public and/or
private drainage easements, this covenant is
required.
2. Maintenance Agreement for Private Street and
Drainage Facilities. This document is required only
when private street and drainage facilities are
proposed.
3. Maintenance Agreement for Private Storm Water
Pollution Control Facilities. This document is
required for all projects meeting the definition of a
"priority project" for storm water pollution control.
The engineer is required to prepare the project legal
description and a plat of the facilities being reserved
for storm water pollution control treatment.
4. Emergency Vehicular Access Easement In cases in
which an access easement for emergency vehicles is
required, the Fire Department will prepare this
easement document.
5. Encroachment Covenant. This covenant will be
required if an encroachment permit is approved to
allow the permanent encroachment of private
facilities within the existing or proposed public: right-
of-way. The document provides for the future
removal of the private facilities by the City, without
replacement, as necessary for public use of the
right-of-way. Encroachment permits are discussed
in Section 2.201 of this manual, and a sample
Encroachment Maintenance and Removal Agreement
is included as Appendix 1.21 of this manual.
6. Grant of ON Hiahway Easement This easement is
required if the City determines that additional right-
of-way dedication is required.
7. Grant of Miscellaneous Easements. Required
easements may include drainage easements, sewer
CITY OI I(`111.1~ \~.;1`~.1~1 I'(~~; l)~_, fit,`, ll.~~1i\l 20)09
easements, and other various easements, both
public and private.
C. The engineer of work has acquired preliminary approval
from all City Departments and from the San Dieguito
Water District so that the plans will be able to be
approved and signed by each of those concerned
departments or agencies without modification. In some
cases, projects will fall under the jurisdiction of an
outside agency such as San Diego County Department
of Environmental Health, Leucadia Wastewater District,
or Olivenhain Municipal Water District; if so, the
engineer of work shall acquire preliminary approval
from the applicable agency or agencies prior to the
Engineering Department considering the plans for final
approval.
D. If required, a Notice of Intent (NOI) has been filed with
the State Regional Water Quality Control Board
(RWQCB) and a Storm Water Pollution Prevention Plan
(SWPPP) has been reviewed and approved by the City.
E. The cost estimate prepared by the engineer of work has
been reviewed and approved by the Engineering
Department, and the following, when required, have
been posted with or paid to the Engineering
Department:
1. Security to ensure performance, labor, and materials
for any associated grading, erosion control and/ or
improvements. Forms of posted surety acceptable to
the City are given in a list included as Appendix
1.7(a) of this manual.
2. Securities to ensure the performance of required
utility undergrounding in the amount of the utility
companies' estimates have been posted with the
City; the City Engineer may prescribe a fixed unit
cost for undergrounding, in which case the security
posted with the City shall be based on that amount.
Alternately, evidence of full payment to each utility
company concerned may be provided, in which case
the applicant may be required to post with the City
only surety to guarantee the associated trenchWork.
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3. Inspection, flood control, and NPDES inspection fees.
4. All other special deposits required by the conditions
of approval.
5. Any deficit balances and all other required City fees,
deposits, assessments, and charges.
F. The following documents have been reviewed and
approved by the planchecker:
1. Drainage report.
2. Storm water pollution control BMP calculations, if
required.
3. Soils/ geotechnical reports.
4. Erosion control plan.
5. A complete and signed BMP verification form, if
required.
6. Landscape, shoring, or any other specialty plans, if
required.
7. Letters of permission from adjacent property owners
for offsite work, if work on adjacent private
properties is proposed.
G. Any applicable public utility letters and/or joint use
agreements have been submitted to and approved by
the City Engineer.
H. The project soils reports and geotechnical documents
have been reviewed and approved by the City
Geotechnical Consultant, if required.
I. The project structural or shoring calculations and plans
have been reviewed and approved by the City
Structural Consultant, if applicable.
J. An encroachment permit has been issued for proposed
encroachment into the public right-of-way, if applicable.
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K. Wastewater discharge permits for the discharge of
water from an excavation during construction have
been issued by the Regional Water Quality Control
Board and from the City.
2.504 GRADING AND IMPROVEMENT PLAN APPROVAL.
2.504.1 General Information. At such time as the plan prints are
determined to be satisfactory and all associated
requirements have been satisfied, the project planchecker
will transmit to the engineer of work a request for the
mylar plan to be processed for final approval.
The engineer of work will process the mylar original with
each department or district to obtain approval signatures.
All necessary City, San Dieguito Water District, and other
district signatures, except Engineering Department
signatures, must be obtained on the title sheet before the
mylar plan is submitted to the Engineering Department.
Only the approval signatures of the Engineering
Department are not required prior to the submittal of the
mylars for final approval. The process for obtaining the
signatures from each department is described in Appendix
1.5(a) of this manual.
In some cases, the plans may require the signatures of an
agency distinct from the City, such as Leucadia County
Wastewater District, Olivenhain Municipal Water District, or
the County Department of Environmental Health. In these
cases, the engineer of work is required to process the
plans during plancheck separately with the autonomous
district and will be required to obtain the approval
signature from that district on the mylar plan before it is
submitted to the Engineering Department.
Once all signatures have been obtained on the mylar, the
signed mylar plan together with the required number of
prints and all previous plancheck items will be submitted in
one complete package to the Engineering Department.
The planchecker will coordinate acquisition of the approval
signatures of the Development Review Division Senior Civil
Engineer and the City Engineer. At such time as both
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signatures have been obtained, the plans are approved
and considered to be an official public record. The plans
may then be released to a bonded blueprint company or
the engineer of work for reproduction as required as per
the bond and fee letter (see Section 2.205.2 below) and
permit issuance requirements.
No stick-ons shall be allowed on Grading or Improvement
Plan mylars submitted for final approval. Each owner listed
on the title report shall sign the plan beneath the owner's
certificate in permanent black ink; evidence of authority to
sign for more complicated forms of ownership is discussed in
Appendix 1.12 of this manual. The certificate of
responsibility and each plan sheet shall be wet-signed and
wet-stamped by the engineer of work in permanent black
ink. Specialty plans such as structural, shoring, or
landscape plans shall bear a wet-signed certificate of
responsibility from the professional assuming professional
responsibility for the design, and each specialty sheet shall
be wet-signed and stamped by that individual.
Approval of the plans shall not be construed as approval of
the gas, electric, telephone, and cable television service
construction plans, which may require subsequent approval
by the appropriate agencies.
2.504.2 Duration Plan Approval Remains Valid If the permit is not
issued within six months from the date of approval of the
drawings, the plans will be subject to review by the City for
compliance with current codes and regulations before a
permit can be issued. Changes to the approved plans as
well as additional plancheck, construction change,
inspection, or other fees may be required.
2.504.3 Duration Permit Remains Valid. Work covered by an
Engineering permit shall commence within 90 days of permit
issuance or the permit shall become invalid. Engineering
permits expire following 90 days of inactivity on the work
covered by the permit; refer to Municipal Code Section
23.24.240 for further information. Permits may expire
earlier due to contractor insurance expirations or other City
requirements. An expiration notice may or may not be
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issued to the applicant for a permit that is about to expire; a
sample expiration notice for grading permits is included in
Appendix 2.19.
2.504.4 Effects of Change in Engineering Standard Standards and
City requirements may from time to time change. Projects
are required to comply with the current standards and
requirements in accordance with the policy below.
A. Plans in Plancheck on the Date Change Takes Effect:
New submittals and plans in plancheck after the effective
date of the standard or requirement change shall be
required to comply with the new standard.
B. Plans Unpermitted on the Date Change Takes Effect:
Approved plans which have yet to be permitted at the
time the new standard takes effect shall comply with the
new standard.
C. Permit Issued Prior to Date Change Takes Effect:
Work under a permit issued prior to the date the change
in standard takes effect may be constructed and ;as-built
as approved and permitted. However, if the permit
expires or is nullified for any reason, the project shall be
required to comply with the new standard.
D. Extension of Tentative Map or Parcel Map Approval:
Where an extension of the tentative approval of the
development is necessary, the corresponding plans may
be required to comply with new standard. In some
cases, an extension will not be granted for tentative
maps or parcel maps required to conform with a new
standard; consult the Planning Department for more
information.
2.504.5 Appeal of Requirement Imposed by the City Engineer. An
applicant may appeal a requirement imposed by the City
Engineer to the City Council. The standard City Council
appeals process is followed. The decision of the City Council
is final and may not be appealed.
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2.505 DETERMINATION OF FEES AND POSTING OF
SECURITIES.
At such time as the planchecker has completed the plan
examination, found the plans satisfactory, and determined
that all the associated requirements are met, the
planchecker will review and approve the engineer of work's
cost estimate and issue a Bond and Fee letter listing all of
the items required for issuance of the permit.
2.505.1 Preparation and Approval of the Engineer's Cost Estimate.
The cost estimate is prepared, stamped, and wet-signed
by the engineer of work. The estimate is required to
utilize the then-current City of Encinitas unit price list and
required to include all public and private work proposed on
the plan. The Unit Price List is attached as Appendix 3.14
of this manual. The planchecker will review the engineer
of work's cost estimate for completeness relative to the
work proposed on the final version of the plans and for
conformance with the then-current City unit price list.
Once the cost estimate is approved, the bond and fee
letter may be issued, provided that all other requirements
are satisfied. If a project falls under the jurisdiction of
other agencies such as San Dieguito Water District,
Leucadia Wastewater District, or Olivenhain Municipal
Water District, those agencies may require separate bonds
to be posted for the work within their purview.
In some cases, the planchecker may allow the preparation
of two separate cost estimates, one including all the work
shown on the plan and a second including only the items
necessary to secure the site, to protect the public safety
and welfare, and to protect storm water quality if
construction is abandoned. In this case, the required
surety for the project will be based upon the reduced cost
estimate. If the work proposed includes both private and
public improvements, separate estimates are to be
prepared; one for the private grading and improvements
and a second for public improvement work. A cost
estimate from the utility companies concerned may also be
needed if full payment for any required undergrounding
work has not yet been made to the utility companies, or
the City Engineer may prescribe a fixed unit cost to be
used for undergrounding work. If full payment has already
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been made, an estimate for only the trenchwork involved
will be required.
2.505.2 Issuance of the Bond and Fee Letter. The planchecker will
issue to the applicant and the engineer a bond and fee
letter based upon the City-approved engineer"s cost
estimate. The bond and fee letter generally lists the
amount of surety required to be posted to secure the work,
the amount of inspection and other fees to be paid, and
the type and quantity of items required to be submitted at
the time permit issuance is sought. It may also include
miscellaneous fees or requirements which are project
specific and must be satisfied prior to issuance of the
permit. The bond and fee letter also conveys a variety of
information pertinent to permit issuance and the beginning
of construction. A sample bond and fee letter is included
as Appendix 2.20 of this manual.
2.505.3 Posting of Securities. Information on the requirements for
securities is included in Appendix 1.7(a) of this manual.
Instructions for the assignment of an account to the City
and for the completion of an irrevocable standby letter of
credit are included as Appendices 1.7(b) and 1.7(c),
respectively. General requirements for posting security
are discussed below.
A minimum of 20% and up to 100% of the security deposit
for Grading Permits shall be in the form of cash, certificate
of deposit, letter of credit, or an assignment of account. Up
to 80% of the security deposit for Grading Permits may be
in the form of auto-renewing performance, labor, and
materials bonds issued by a State of California licensed
surety company.
Up to 100% of the security deposits required for
Improvement Permits, security for undergrounding of
overhead utilities, and security for deferred monumentation
may be in the form of auto-renewing labor and materials
bonds issued by a State of California licensed surety
company. Cash, certificates of deposit, letters of credit, and
assignments of account are also acceptable financial
instruments.
('I J 1I'TI=R 2 P:\(A: 2-27
(11), Ol 1 V I\I N 1)11~IC~\ NL\\(J AL ?OO9
If a certificate of deposit (CD) will be utilized to post the
entirety of the security required for a Grading or
Improvement Permit, two separate CD's for 25% and 75%
of the required amount should be obtained in order to
facilitate any future partial release of those securities. The
CD's may be of any term but must be auto-renewing. Any
CD must specify the City of Encinitas as a certificate holder
and include a clause that until the City of Encinitas provides
a written request for release of the CD, the balance ;shall be
available to the City upon its sole request.
Bonds posted as surety shall list the bonding company or
brokerage firm name and address, the project permit
number, and the name of the owner. In addition, bonds
shall state that they are auto-renewing and shall be held
until such time as the City provides a written request for
the bond to be released.
The format of any financial instrument is subject to City
approval, may be in the owner's name only, and must list
the City of Encinitas as a Certificate Holder.
2.506 PERMIT ISSUANCE.
The applicant, engineer of work, or person acting on behalf
of the applicant may acquire the Grading or Improvement
Permit. To do so, each of the items listed in the Bond and
Fee Letter shall be brought in the required quantities to
the Engineering front counter at the time permit issuance
is sought. The quantities of each item requested in the
Bond and Fee Letter must be submitted; quantities may
not be reduced, even if copies have previously been
submitted to the City during the plancheck process.
Incomplete or piecemeal packages will not be accepted,
and the project planchecker will not accept any of the
required items; they must be submitted to the Engineering
front counter in one complete package. The applicant will
be required to complete an Engineering Development
Application and submit the application with the other
required documents.
If any work is proposed within a public right-of-way or
easement, the applicant will need to supply the name,
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license number, and contact information of the contractor
who will perform the work, prior to issuance of the permit.
For work within the public right-of-way only, the contractor
is required to have a current State of California 'Type A
license; the contractor shall hold a valid liability insurance
policy with at least one million dollars of coverage and with
the City of Encinitas listed on the policy as "additionally
insured". The insurance company is required to provide to
the City evidence of this coverage prior to issuance! of the
permit. The requirements for proof of insurance are
included in Appendix 2.6 of this manual. If any work
within a public right-of-way or easement is proposed but
not permitted by an Improvement Permit, a right-of-way
construction permit will also be required. Right-of-Way
Construction Permits are discussed in Section 2.206 of this
manual.
The Engineering front counter staff will verify that all items
required as per the Bond and Fee Letter have been
provided, that the securities posted meet the City's
minimum requirements, and that all fees listed in the Bond
and Fee Letter and other required fees have been paid.
Following the determination that each of these items has
been satisfactorily addressed, the Engineering Department
will assign a City inspector to the project and issue the
permit.
2.507 CONSTRUCTION CHANGES.
Construction change approvals are required for any
deviation from the approved plans, unless otherwise
approved in advance by the City Engineer. At the discretion
of the City Engineer, construction deviating from the
approved plan and performed without an approved
construction change may require removal or modification of
the construction. Work on the construction of the proposed
change may not begin until the City field inspector has
received the approved construction change. The as-built
process discussed in Section 2.611 is not a replacement for
the construction change process; projects are required to
first obtain construction change approval prior to performing
the construction and prior to submitting as-builts.
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2.507.1 Preparation of Construction Change Drawings Only the
engineer of work may modify the approved plan. The
engineer of work shall obtain from the City the mylar
original of the drawing bearing all the approval signatures,
run print sets from it, and show the proposed changes in red
ink on those print sets; changes to the mylar may not be
made without prior City approval. Plans showing the
proposed changes in red ink overlain on prints of the
originally approved plans are called "redlines".
Each revision is to be "clouded" on the plan and labeled with
a "'delta". A corresponding "delta" for the proposed change
shall be added to the title sheet and to each of the following
sheets on which a change is being made. Construction
change deltas are to be numbered in increasing sequential
order, with the first change to the plan being "delta 1". For
example, the first time the plan is submitted for a
construction change, the proposed changes on all sheets will
be labeled as "delta 1". The next time a new construction
change is proposed, the changes on all sheets will be labeled
as "delta 2".
The engineer of work shall note a brief description of the
proposed construction change in the lower left-hand corner
of the title sheet and of each sheet on which a change is
proposed. At such time as the City approves the
construction change, the approval signature will be added
beside that description.
2.507.2 Construction Change Fees Construction change plancheck
fees in accordance with the then-current fee schedule are
due upon the initial submittal of the construction change.
The construction change fee is a per-sheet amount that is
charged for each modified sheet, including the title sheet.
If, at the discretion of the City Engineer or the engineer of
work, a plan sheet needs to be voided and a new sheet
inserted in order to show the proposed changes clearly, the
applicant will be charged the standard plancheck fee for the
new sheet in lieu of the construction change fee.
Construction change plancheck fees are non-refundaNe.
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2.507.3 The Construction Change Plancheck Process. The required
number of redlined prints made from the original, signed
mylar are submitted to the Engineering Department front
counter and routed to the project planchecker. The
construction change plancheck process parallels the process
described in Section 2.502 of this manual, with the
exception that plans are not generally routed to all City
departments. However, some construction changes will
require approval from other agencies, districts, or
departments prior to Engineering Department approval.
At such time as the proposed construction change is
conceptually determined to be consistent with municipal
standards and requirements, the planchecker will transmit
to the engineer of work authorization to obtain the mylar
from the City and make the changes, as they were
authorized by the planchecker, on the original record
drawing. The revised mylar is then submitted back to the
City with all previous plancheck documents and with two
fresh sets of redlines.
Upon receipt of the revised mylar, the planchecker will
ensure the change meets the City's requirements and then
obtain the City approval signature beside the new "delta"
added to the plan revisions box in the lower left-hand corner
of the title block. Once the signature is obtained, the mylar
will once again be released back to the engineer of work,
who will run an additional two sets of prints from the mylar.
The engineer of work is then required to return to the
Engineering front counter the mylar for re-filing and the
prints for routing to the Engineering inspector. Work on the
proposed change may commence once the final prints have
been returned to the City and received by the project
Engineering inspector.
2.507.4 Change of Engineer. If the applicant wishes to work with a
different engineer, soils engineer, or engineering geologist
following the original approval of the plan, a construction
change showing the transfer of professional responsibility is
required as per Municipal Code Section 23.24.360. The plan
title sheet shall be revised with a new engineer's or soils
engineer's statement of responsibility, wet-signed, and wet-
stamped by the engineer assuming professional
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responsibility. The proposed change will be submitted and
follow the process outlined in Section 2.507.3 above. The
following items shall also be provided prior to approval of
the construction change:
A. The applicant shall submit a letter of notification
verifying the change of the responsible professional as
given in Appendix 2.21(c).
B. The new engineer of work shall submit an assumption of
responsibility letter stating that s/he has reviewed all
available prior reports, and/or plans [specified by date
and title], and work performed by the prior responsible
professional; concurs with the findings, conclusions, and
recommendations; and is satisfied with the work
performed. The letter must state the precise date on
which the new engineer will assume all responsibility
within professional purview. The letter format is given in
Appendix 2.21(a) of this manual. Exceptions must be
approved by the City Engineer.
C. The original engineer of work shall submit a release of
responsibility letter. Language for the letter is given in
Appendix 2.21(b) of this manual. In the event this
letter cannot be obtained, the applicant may send a
letter to the original engineer of work stating that the
responsibility is shifting to a new engineer, naming that
firm or individual, and including a date after which the
original engineer will no longer be responsible for the
project. A copy of the registered letter, proof of
mailing, and the recipient's signature as proof of receipt
shall be submitted to the City.
2.507.5 Change of Property Ownership. A construction change to
reflect new ownership is required if the property is sold or
title is transferred. The engineer of work shall revise the
original mylar to include a new owner's certificate signed by
the new owner with the new owner name and contact
information appearing below it. A title report or grant deed
less than six months old confirming the new ownership will
also be required. The proposed change will be submitted
and follow the process outlined in Section 2.507.3 above.
Replacement surety shall be posted in the name of the new
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owner prior to the release of any remaining surety under the
name of the former owner.
2.507.6 Plan Change Requested by City Engineer. When plan
revisions are deemed necessary by the City Engineer to
protect the public health and safety, or as field conditions
may require, a written requirement for modification shall
be transmitted to the applicant or the engineer of work.
The engineer shall revise the plans and transmit the
originals to the City Engineer within the time specified by
the City Engineer. Construction of all or a portion of the
improvements may be stopped by the City Engineer until
revised drawings have been submitted and approved.
2.508 THE EMERGENCY GRADING PERMIT PROCESS FOR
BLUFF STABILIZATION.
Coastal bluff stabilization projects are required to obtain a
standard Grading Permit prior to approval of any coastal
development permit or an Emergency Grading Permit, as
applicable. When an emergency project is submitted to
the Coastal Commission, Coastal staff will route the
emergency project application to the City for Engineering
Department review and approval. The applicant is
required to obtain either an interim Emergency Grading
Permit first if, in the opinion of the City Engineer, the
circumstances require it; a standard Grading Permit is also
always required instead of or in addition to the Emergency
Grading Permit. The processing for each of these permits is
discussed below.
2.508.1 Emergency Grading Permit. If the emergency nature of
the project does not allow enough time for the processing
of a Grading Plan, the Engineering Department will process
an expedited Interim Emergency Grading Permit in order
to allow work to begin as quickly as possible. Subsequent
to the.issuance of the Interim Emergency Grading Permit,
the applicant will be required to submit an application for a
standard Grading Permit as described in Section 2.508.2
below. The fees charged for the processing of the :Interim
Emergency Grading Permit will be credited towards the
fees due for the standard Grading Permit. The Engineering
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Department processing of the Emergency grading Permit
will include:
A. Routing plans to the Planning Department.
B. Routing the structural design and calculations to the
City's third-party structural reviewer.
C. Routing the geotechnical items to the City's third-party
geotechnical reviewer.
D. Conducting the Engineering Department review of the
plans.
E. Collecting fees for interim permit plancheck and project
inspection.
F. Ensuring that the minimum required security has been
posted with the Engineering Department, as described
in Section 2.508.2 below.
G. Issuing a Beach Encroachment Permit if the proposed
work requires access from the beach.
H. Issuing an Interim Emergency Grading Permit after
items (a) through (G) above are satisfied.
2.508.2 Standard Grading Permit for Bluff Stabilization If the
nature of the situation allows, Engineering will process only
a standard Grading Plan for the Emergency Permit. If the
critical nature of the necessary emergency work does not
allow a standard Grading Plan to be processed initially, the
City will first process and issue an Interim Emergency
Grading Permit as described in Section 2.508.1 above in
order to allow emergency work to begin quickly, then will
initiate the processing of the standard Grading Permit as
described below. The fees paid towards the Interim
Emergency Grading Permit will be credited towards the
processing of the standard Grading Permit. A cost
estimate prepared by the engineer of work and consistent
with the then-current City-approved price list shall be
submitted, and the security posted for the project shall
comply with the requirements listed below.
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A. The cost estimate shall include 25% of the cost: of the
shoring and structural stabilization of the bluff (seawall,
tie-backs, caissons, or other).
B. The cost estimate shall include 100% of the estimated
cost of any grading, drainage, required landscaping and
irrigation, and proposed driveway pavement.
C. The cost estimate shall include a line item for 100% of
the finish surfacing of the seawalls based upon the
then-current City unit price plus the City-approved
mobilization cost.
D. The cost estimate shall include a line item for the
restoration of the beach access if construction access
from the beach is needed. The amount shall be based
upon the then-current City-approved cost for beach
access restoration.
E. A minimum of 20% of the cost estimate or $5,000.00,
whichever is greater, shall be posted as cash, certificate
of deposit (CD), or letter of credit. The balance of the
security may be posted with a bond.
F. The Bond and Fee Letter for the project will indicate
that the one-time partial release of up to 75% of the
original bond amount will be subject to field inspections
and approval. The allowed partial release may be less
than 75% and may not be available to all projects.
G. The Bond and Fee Letter will indicate that the final
grading approval and release of any remaining
securities is subject to the approval of the Coastal
Development Permit for the project as well and the
approvals of the Planning Department and the Parks
and Recreation Department.
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2.600 THE CONSTRUCTION PROCESS FOR GRADING
AND IMPROVEMENT PERMITS.
The construction process begins upon permit issuance and
includes the preconstruction meeting, the construction
process, meeting all City and third-party inspection
requirements, issuance of certification when certain levels of
completion have been attained, preparation of as-built
drawings, project completion and signoff, the applicable
warranty period, and partial and/or full release of project
securities. A flow chart included in Appendix 2.23 of this
manual illustrates the typical administrative process for the
construction phase of the project. The sections below
elaborate on each of the steps involved.
2.601 PRECONSTRUCTION MEETING.
At the time of permit issuance, the City will assign to the
project an Engineering Inspector. The name and telephone
number of this inspector will be printed on the permit given
to the applicant. The applicant is required to schedule a
preconstruction meeting with this inspector by calling the
listed telephone number a minimum of two business days
prior to the anticipated start of construction. The
preconstruction meeting should include the inspector,
geologist, civil engineer, contractor, and owner/ applicant.
No work including grading, brushing, clearing, and public or
private improvements may be performed before the
preconstruction meeting has been held.
During the preconstruction meeting, the inspector will
review the project plans with the applicant or agent, explain
the sequence of events in the construction process, and
discuss any special requirements. Construction may not
begin until after the preconstruction meeting has been held.
2.602 START OF CONSTRUCTION AND INSPECTION.
Once construction has begun, the applicant can expect that
the Engineering Inspector will visit the job site at pre-
established meeting times and at times unannounced. The
person performing the work is required to notify the
Engineering Inspector a minimum of twenty-four hours prior
to certain work being ready for inspection, as is described in
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Section 23.24.290 of the Municipal Code. The inspector will
observe the work in the field for compliance with the
approved plans, applicable standards, and with generally
accepted engineering and construction practice. Work
performed without the benefit of inspection or work not
consistent with the approved plans may be subject to
removal and/ or correction.
2.603 CONSTRUCTION CHANGES AND COMMUNICATION
DURING CONSTRUCTION.
All communications between the contractor, City, and
applicant that may result in any changes to the approved
plans shall be in writing. Neither the contractor nor the
engineer of work shall modify the construction or the plans
based upon a verbal agreement with the City Inspector or
with any other City official. If a change to the plans,
engineer of work, soils engineer, engineering geologist, or
property owner is proposed after plan approval, a
construction change must first be approved by the City. The
construction change plancheck process is described in
Section 2.507.3 above.
2.604 AFTER-HOURS INSPECTIONS.
If after-hours work is requested, the applicant shall submit
An after-hours inspection request to the City a minirnum of
48 hours prior to the date for which the after-hours
inspection is requested. An additional inspection fee is
assessed in order to cover the City's additional costs for the
inspection; this fee is determined on a case-by-case basis.
An After-Hours Inspection Request form is included as
Appendix 2.24 of this manual.
2.605 PERMIT SUSPENSION AND STOP-WORK NOTICES.
The Engineering inspector may suspend a permit and issue
a stop-work notice if work which is inconsistent with the
approved plans, unpermitted, dangerous to the public
health, safety, and/or welfare, or otherwise unacceptable
has been or is being performed. The stop-work notice will
detail the nature of the work causing the notice and will give
contact information for the Engineering Inspector'. The
recipient of the notice shall contact the listed Engineering
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Inspector to discuss steps to remedy the situation.
Construction work may begin again when the stop-work
notice has been lifted by the City Inspector.
2.606 ROUGH GRADE APPROVAL FOR GRADING PLAN;;.
At such time as the Engineering Inspector determines that
the project work is nearing a level acceptable for rough-
grade approval, the inspector may issue a punch list to the
applicant listing which remaining tasks must be executed
prior to issuance of rough grade approval. These tasks
typically include, at a minimum, a pad certification and as-
graded soils report as discussed in parts 2.606.1 and
2.606.2 below. The Engineering Inspector should be
contacted for all questions relative to the punch list and the
status of the rough grade approval. Standard requirements
for rough grade approval are included the rough grade
approval request form in Appendix 2.25 of this manual.
When all of the general and project-specific requirements for
rough grade approval have been addressed, the applicant
may request rough grade approval by submitting the Rough
Grading Approval Request form included in Appendix 2.25 of
this manual. Following a satisfactory inspection and receipt
of required documents, the Engineering Inspector will
process paperwork with the City stating that rough grade
approval has been issued. Engineering Department front
counter staff will receive from the project inspector a copy of
the rough grade approval.
In certain exceptional cases, the City Engineer may allow
conditional rough grade approval to be issued. This is
discussed in Section 2.607 below.
2.606.1 Pad Certification. The engineer of work is required to certify
that the pad elevations as shown on the approved Grading
Plan have been field verified and have been attained within
a tolerance of 0.1 ft. The engineer of work shall also certify
that all drainage devices, retaining walls, temporary and
permanent erosion control devices, and manufactured
slopes have been constructed in conformance with the
approved plan. The pad certification shall be provided to the
Engineering Inspector; the project planchecker cannot
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accept the certification letter. A sample pad certification is
included in Appendix 2.26 of this manual.
2.606.2 As-Graded Soils Report. The geotechnical engineer of work
shall provide a geotechnical report certifying that the
grading has been performed in accordance with the
approved project soils report(s). The compaction test
results shall be submitted to the City and approved by the
Engineering Inspector.
2.607 ROUGH GRADE CONDITIONAL APPROVAL FOR
GRADING PLANS.
In some circumstances, such as when a basement or
subterranean garage is proposed, the Engineering Inspector
may allow issuance of a conditional rough grade approval.
The primary intention of the conditional rough grade
approval is to facilitate the completion of rough grading
associated with retaining walls that are also a part of the
proposed building. The conditional rough grade approval
allows for only the construction and Building Department
inspection of foundations, footings, and certain retaining
walls that are a part of the building, and not for delivery of
timber to the site. When additional requirements have been
met to the satisfaction of the City Engineer, the Engineering
Inspector will issue the standard rough grade approval as
discussed in Section 2.606 above. A sample rough grade
conditional approval form is included in Appendix 2.2-7.
2.608 BUILDING PERMIT CLEARANCE BY THE ENGINEERING
DEPARTMENT.
Both Grading and Building Permits may be required for a
particular project. If so, the applicant must receive rough
grade approval or conditional rough grade approval from the
Engineering Inspector before the Engineering Department
will allow the Building Permit to be issued, unless otherwise
allowed by the City Engineer. In this case, the applicant
shall request at the Engineering front counter a release of
the hold on the Building Permit once the rough grade
approval or conditional rough grade approval has been
issued. Engineering front counter staff will verify that the
Engineering Department review of the Building Plan is
complete, any applicable Sewer Fees have been paid, and
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that no further issues are required to be resolved before
releasing the Engineering Department hold on the Building
Permit. Other Engineering Department fees such as Flood
Control and Traffic Mitigation Fees may be deferred until
building occupancy. These fees are explained in Section
2.403 above.
2.609 PARTIAL SECURITY RELEASE.
Prior to obtaining the Grading or Improvement Permit, the
applicant must post with the Engineering Department
security ensuring performance of the work, in accordance
with Section 2.505.3 of this manual. The applicant is
eligible for a single partial release of up to 75% of those
securities upon issuance of rough grade approval or as
determined by the Engineering Inspector. The percentage
amount of the one-time release will approximately correlate
with the percentage of work performed. The partial release
will be automatically initiated by the City upon receipt of the
Engineering Inspector's approval; the applicant need not
contact the City to request the release. The processiing and
release of securities may take up to 4 weeks after the
release process is initiated by the project Engineering
Inspector. Any cash releases will be mailed to the address
on the Bond and Fee Letter unless the City is otherwise
notified, and all letters mailed to a financial institution will
be copied to the owner/ applicant listed thereon.
2.610 ENGINEERING DEPARTMENT FIELD CLEARANCE FOR
BUILDING OCCUPANCY.
Certain projects may require a Building Permit in addition to
the Engineering permits. The Engineering Department
maintains a hold on the release of building occupancy until
such time as an Engineering Inspector has issued field
clearance for occupancy and the required Engineering
Department fees have been paid. When requested, the
Engineering Inspector will visit the site to certify that the
precise grading and drainage is substantially complete. The
inspector will then complete and provide to the Engineering
front counter staff a signed Field Clearance for Occupancy
form. At such time as the counter staff is in possession of
the signed Field Clearance for Occupancy form, the project
applicant may come to the Engineering front counter with
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the project "Blue Card" issued for the project and pay the
Traffic Control and Flood Control Fees that have been
deferred until the time of building occupancy. The front
counter staff will then clear the Engineering Department
hold on the building occupancy. Sample Field Clearance to
Allow Occupancy and "Blue Card" forms are included as
Appendices 2.28 and 2.29 of this manual, respectively.
For those Building Permits not associated with a Grading
Permit, the stormwater pollution control BMP inspection
must be performed to verify satisfactory installation of the
required BMPs prior to the Engineering Department
releasing the hold on the issuance of building occupancy. In
such case, the Engineering front counter will also require the
completed BMP approval form to have been submitted by
the Stormwater Inspector before the applicant may request
signoff of the project "Blue Card".
2.611 AS-BUILT (RECORD) DRAWINGS.
Following full completion of all work shown on the proposed
plans, the engineer of work shall submit two redlined prints
made from the approved, signed plans showing deviations
from the approved design. The red-lines will be reviewed
both by field and office staff and will be returned to the
engineer of work with comments, if any. The as-built
process will continue until all outstanding items have been
resolved. At such time, the City will release the original
mylar for drafting of the as-built changes onto the mylar
record drawing. The red-lined prints and the revised mylars
should then be returned to the City for the final approval
signatures. For Grading Permits, the engineer of work shall
also submit a statement of compliance as described in
Section 2.611.1 below.
No construction changes are allowed to be approved as as-
builts, and plans that differ significantly from the approved
drawing may be required, at the discretion of the City
Engineer, to submit for a construction change before the
processing of the as-builts will be allowed. The construction
change process is discussed in Section 2.507.3 of this
manual.
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2.611.1 Engineer's Final Grading Certification. Upon submittal of the
as-built drawings to the City, the engineer of work shall
issue to the Engineering Inspector a statement of
compliance certifying that the final grading and drainage are
in substantial conformance with the approved plan, that the
work has been performed consistent with Municipal Code
requirements, and that the as-built drawings submitted to
the City accurately reflect any deviations from the originally
approved plan. The letter shall be signed and stamped by
the engineer of work. A sample final grading certification
letter is included in Appendix 2.30.
2.611.2 Soils Engineer's Final Grading Report. The geotechnical
engineer of work shall provide a geotechnical report
certifying that the final grading has been performed in
accordance with the approved project soils report(s). The
compaction test results shall be submitted to the City and
approved by the Engineering Inspector.
2.612 FINAL INSPECTION AND RELEASE OF GRADING OR
IMPROVEMENT PERMIT.
After the permitted work is entirely complete, the as-builts
have been approved, and any other general or project-
specific requirements have been satisfied to the satisfaction
of the City Engineer, the Engineering Inspector will issue
final approval of the Grading or Improvement Permit. For
public Improvement Permits only, a one-year warranty
period then commences, which is explained in Section 2.614
below.
2.613 FINAL RELEASE OF SECURITIES.
The complete release of project securities in the case of
Grading Permits or the partial release of securities in the
case of Improvement Permits is automatically initiated by
the City after submission of satisfactory final as-built
drawings to the City and approval by the project
Engineering Inspector and Engineering staff. Satisfactory
completion of the final inspection certified by the project
Engineering Inspector is a prerequisite to full release of the
security deposit for any Grading Permit. A sum in the
amount of 25% of the securities posted for public
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Improvement Permits will be held for a one-year warranty
period, and a release is automatically initiated at the end
of that warranty period. The improvement plan warranty
period is discussed in Section 2.614 below.
Applicant requests for the release of securities cannot be
addressed without prior release approval from the
Engineering Inspector. The processing and release of
securities may take up to four weeks after the release
process is initiated by the project Engineering Inspector.
Any cash releases will be mailed to the address on the
Bond and Fee Letter unless the City is otherwise notified in
writing, and all letters mailed to a financial institution will
be copied to the owner of record.
2.614 PUBLIC IMPROVEMENT PLAN WARRANTY PERIOD
AND 25% SECURITY RETENTION.
For all public improvements, 25% of the surety posted is
retained by the City for a one-year warranty period. The
contractor is required to guarantee all improvement work for
a period of one year after the date of acceptance of the
work by the City. The contractor shall repair or replace any
and all such work, together with any other work which may
be displaced during that construction, that may, prove
defective in workmanship and/or materials during the
warranty period without any expense to the City. Ordinary
unusual abuse and wear and tear are not subject to the
warranty provisions.
Following the conclusion of the warranty period, the City will
perform the final warranty inspection to ensure 'that no
defects due to construction or workmanship have occurred.
After the satisfactory inspection, the release of the balance
of the surety will automatically be initiated by the City, with
the release process as outlined in Section 2.613 above. If
defects due to construction or workmanship are discovered,
the City will contact the applicant to remedy the work prior
to release of the remaining securities.
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2.700 UNPERMITTED WORK.
In the event that unpermitted work is performed, the City
Engineer will issue a stop-work notice and cause the work to
be stopped until the necessary permit is obtained. In this
case, the permit fee due will be twice that which would
normally be required. If grading work is performed without
a permit, the City Engineer may cause to be recorded with
the County Recorder a notice of grading violation against the
property. The notice of grading violation will be lifted at
such time as the City Engineer deems the issue satisfactorily
remedied. The permitting process to correct the
unauthorized work may include, but shall not be limited to:
Planning Department, Planning Commission, or other
authorized body review of an application for a coastal
development permit or other required permits, a review
under the California Environmental Quality Act, a permit for
development of constrained property, and the satisfaction of
other requirements for the intended use of the property. No
other permits may be issued until the violation is resolved.
For more information, see Municipal Code Section 23.24.330
and Section 2.605 of this manual for information on stop-
work procedures.