CITY OF SOUTH SAN FRANCISCO GRADING PERMIT APPLICATION CHECKLIST

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1 CITY OF SOUTH SAN FRANCISCO GRADING PERMIT APPLICATION CHECKLIST Applicant shall provide three (3) copies of the following attachments: Geotechnical Report (Soils Report with grading specifications and Engineering Geology report) Grading Plan (designed by a Registered Civil Engineer if grading in excess of 5,000 C.Y.) Certificates of Insurance insuring City in the amount of $1,500,000 (Worker's Compensation, Public Liability, Property Damage, and Contractual Insurance; refer to Condition #13 of the permit application form) Corporate Surety Bond (typically $50,000 or more, but may be reduced to $10,000 by the City Engineer for small projects with minor impacts) Copy of a contract between the project soils engineer and/or the civil engineer and the applicant to provide inspection services and submit all progress reports, test results, a final report and grading certification in accordance with the requirements of the Grading Permit (the agreement must contain a provision specifying that the applicant's consulting Engineer(s) will indemnify and hold the City harmless due to his or her actions; refer to Condition #11 of the permit application form) Plan checking fee and grading permit inspection fee (refer to attached schedule within the permit application form) payable to the City of South San Francisco Drainage calculations for a 10 year design storm justifying size of the existing and proposed storm drainage facilities Winterization, dust, erosion and pollution control plan conforming to the A.B.A.G. Manual of Standards for Erosion and Sediment Control Measures, with sediment basin design calculations. Describe the "best management practices" to be used during and after construction to control pollution in the site's storm and construction water runoff Environmental Impact Report, certified Negative Declaration, or Notice of Exemption for the project or a memorandum from the City's Planning Division stating that the project is C.E.Q.A. exempt Copy of the State Water Resources Control Board "General Construction Activity Storm Water Permit" for the site (applies to land disturbance operations within a total project area of one (1) acre or greater) Provide a copy of the site's "Storm Water Pollution Prevention Plan" Assessor's Parcel No. Location and Description of Grading Site APPLICANT: PROPERTY OWNER: GRADING CONTRACTOR: (Name/Title) (Name/Title) (Name/Title) (Company) (Company) (Company) (24 hour phone #) (24 hour phone #) (24 hour phone #) (Signature) (Signature) (Signature)

2 CITY OF SOUTH SAN FRANCISCO GRADING PERMIT APPLICATION Please print or type: 1. (a) (b) (c) 2. (a) (b) (c) 3. (a) (Name of Applicant) (Name of Company) (Applicant's Business Address) (Name of Property Owner) (Address of Property Owner) (Telephone No. of Property Owner) Name of Grading Contractor (b) (Address of Grading Contractor) (Daytime Telephone No.) (24-hour Emergency Telephone No.) 4. Description and Location of Grading Site (include Assessor's Parcel No.): 5. Description and Purpose of Grading Work (continue on separate sheet if more space is needed): Revised: 3/12 Page 1 of 6

3 6. Description of Proposed Import and Export Haul Routes (or attach map): 7. Earthwork Quantities: Cut: C.Y.; Fill: C.Y. 8. Proposed Expiration Date of Grading Permit (should not exceed Certificate of Liability Insurance expiration date): 9. Applicant shall provide three (3) copies of the following attachments: a. Geotechnical Report (Soils Report with grading specifications and Engineering Geology report). b. Grading Plan (designed by a Registered Civil Engineer if grading in excess of 5,000 C.Y.). c. Certificates of Insurance insuring City in the amount of $1,500,000. (Worker's Compensation, Public Liability, Property Damage, and Contractual Insurance - refer to Condition #13 of the permit form). d. Corporate Surety Bond (typically $50,000 or more, but may be reduced to $10,000 by the City Engineer for small projects with minor impacts). e. Copy of a contract between the project soils engineer and/or the civil engineer and the applicant to provide inspection services and submit all progress reports, test results, a final report and grading certification in accordance with the requirements of the Grading Permit. The agreement must contain a provision specifying that the applicant's consulting Engineer(s) will indemnify and hold the City harmless due to his or her actions (refer to Condition #11 of the permit form). f. Plan checking fee and grading permit inspection fee (refer to attached schedule) payable to the City of South San Francisco. g. Drainage calculations for a 10 year design storm justifying size of the existing and proposed storm drainage facilities. h. Winterization, dust, erosion and pollution control plan conforming to the A.B.A.G. Manual of Standards for Erosion and Sediment Control Measures, with sediment basin design calculations. Describe the "best management practices" to be used during and after construction to control pollution in the site's storm and construction water runoff. Revised 3/12 Page 2 of 6

4 i. Environmental Impact Report, certified Negative Declaration or Notice of Exemption for the project or a memorandum from the City's Planning Division stating that the project is C.E.Q.A. exempt. j. Copy of the State Water Resources Control Board "General Construction Activity Storm Water Permit" for the site. (Applies to land disturbance operations within a total project area of one (1) acre or greater). Provide a copy of the site's "storm water pollution prevention plan". Dated: By: _ (Signature of Applicant and Title) Company H:\FORM LETTERS & FORMS\GradingPermitApplication.Form.doc Revised: 3/12 Page 3 of 6

5 INFORMATION TO APPLICANT Submit an original and two (2) copies of this application and all supporting documents for the Grading Permit. Allow at least 10 working days for the processing and review of the application, grading plans, and related documents (provided the project has cleared the CEQA review process). The applicant is required by ordinance to provide for public safety and the protection of public and private property in the vicinity of the land to be graded from the impacts of the proposed grading work. The applicant is required to obtain a separate Building Permit from the City's Building Division for each retaining wall proposed to be constructed in connection with the grading to be authorized by this permit. All hauling and grading operations are restricted to between the hours of 8:00 a.m. to 6:00 p.m. for residential areas and 7:00 a.m. to 6:00 p.m. for industrial/commercial areas, Monday through Friday, excluding holidays. Unless approved in writing by the City Engineer, no grading in excess of 200 cubic yards shall be accomplished between November 1 and May 1 of each year. The State Water Resources Control Board requires that all developers, property owners, and/or contractors disturbing land within a total project area of five acres or more obtain a "General Construction Activity Storm Water Permit" from the Board. Specific information regarding this permit may be obtained by calling the State Water Board's Construction Activity Storm Water Hotline at (916) The Notice of Intent (the permit application) form and the filing fee, as well as other correspondence, must be sent to the following address: State Water Resources Control Board Division of Water Quality Storm Water Permit Unit P.O. Box 1977 Sacramento, CA Revised: 3/12 Page 4 of 6

6 CONDITIONS 11 AND Permittees shall file with the City, prior the issuance of a permit, an agreement between Permittees and their geotechnical engineer preparing the geotechnical report for the grading operation and conducting on-site inspections and reports and specifying that the geotechnical engineer will indemnify and hold harmless, Permittees and the City it's officers, employees, agents, boards and commissions, whether elected or appointed, from and against all claims, suits, losses, and damages arising out of the performance of the work hereunder, which is (1) for bodily injury, illness, or death, or for property damage, and (2) caused in whole or in part by any willful or negligent act or omission of the geotechnical engineer in connection with the performance of their work herein. In the event of concurrent negligence, then the liability for any and all claims for personal injury (including death) and property damage arising out of performance of this permit shall be apportioned under the California theory of comparative negligence as established presently, or as may hereafter be modified. Each party to this permit involved in the proposed work will be responsible for all costs, including attorneys fees, arising from any claim to which this permit applies. 13. The Permittees shall take out and maintain during the life of this Grading Permit the following policies of insurance: (A) Worker s Compensation and Employers Liability Insurance in the statutory coverage. In signing this agreement, the Permittee makes the following certification: I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance with the provisions of the code, and I will comply with such provisions before commencing the performance of the work authorized by this Agreement. (B) Commercial General Liability Insurance: In an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) for injuries including, but not limited to, death to any one person and subject to the same limit for each person, in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. (C) Automobile Liability (Code 1 Insurance): In an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) combined single limit per accident for bodily injury and property damage. Revised: 3/12 Page 5 of 6

7 (D) Contractual Liability Insurance: Permittees shall take out and maintain during the life of this Grading Permit an insurance policy in the amount of at least ONE MILLION DOLLARS ($1,000,000), insuring City, its elective and appointive boards, commissions, officers, agents and employees, and Permittees against damages sustained by reason of any action or actions at law or in equity, and/or any claims or demands by reasons of any breach or alleged breach of any contract or provisions therefore, or by reason of any contractual liability, or alleged contractual liability arising out of any contract entered into by Permittee and/or any of its agents or employees in order to perform the work defined herein. (E) It is agreed that the insurance required by Subsections B, C, and D shall be in an aggregate amount of not less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000) and shall be extended to include as insureds: the City of South San Francisco, its elective and appointed officers, boards, Commissions, agents, employees and volunteers, with respect to operations performed by the Permittees as described herein. The coverage shall contain no special limitations on the scope of protection afforded to the City. Evidence of the insurance described above shall provided to the City upon execution of this Grading Permit and shall be subjected to approval by the City Attorney as to form, amount and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or cancelled except upon thirty (30) days written notice to the City. In addition, the following endorsement shall be made on the policy of insurance: "Notwithstanding any other provisions in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or reinsurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss, until and unless, the approximate limit of liability afforded hereunder is exhausted." Revised: 3/12 Page 6 of 6

8 POLICY AND PROCEDURE FOR PROCESSING GRADING PERMITS PER THE 1991 U.B.C., CHAPTER 70 AS AMENDED BY MUNICIPAL CODE SECTIONS AND Note to Applicant: Please allow at least 10 working days for review and processing after all required documents have been submitted and all CEQA environmental review is complete. I. SUBMITTAL (Applicant to submit three copies of the following): A. Grading Permit application - include the requested expiration date of the proposed permit and describe import and export haul routes and provide the applicant's, property owner's and grading contractor's name, address, and telephone numbers. B. Geotechnical Report (soils report with grading specifications and engineering geology report). C. Grading Plan - designed by a registered civil engineer if grading in excess of 5,000 C.Y. (Section 7014b, U.B.C.). D. Certificate of Liability Insurance: $500,000/$1,000,000 P.L., $500,000 P.D., $500,000 automobile liability and property damage, Worker's Compensation and Contractual (Refer to Grading Permit Condition No. 13, Pages 3, 4 and 5, for detailed specifications and required special endorsements). E. Corporate Surety Bond - $50,000 (May be reduced by the City Engineer to $10,000 for small projects). F. Copy of a contract between soils engineer and the applicant to provide inspection services and indemnifying and holding the City harmless due to their actions as required by Grading Permit Condition No. 11. G. Plan checking fee and Grading Permit inspection fee (refer to attached schedule). H. Estimate of total cut and total fill involved in grading project. I. Drainage calculations for 10 year storm justifying the size of the existing and proposed storm drainage facilities. J. A winterization, dust, erosion and pollution control plan conforming to the A.B.A.G. Manual of Standards for Erosion and Sediment Control Measures with sediment basin design calculations. Submit the project's pollution prevention "best management practices" for the period during and after construction operations. Provide appropriate construction details. K. Copy of project Negative Declaration, E.I.R. approval or memo from the Planning Division that the proposed grading is exempt from C.E.Q.A. requirements.

9 POLICY AND PROCEDURE FOR PROCESSING GRADING PERMITS Page 2 L. Copy of the State Water Resources Control Board "General Construction Activity Storm Water Permit" for the site (if applicable) and a copy of the site's storm water pollution prevention plan. II. PLAN CHECKING A. Existing contours extending 15 feet into adjacent lands. B. Proposed contours. C. Proposed drainage system: D. Slopes: 1. Estimated runoff of the area served by each catch basin. 2. Pipe material, size, slope, and backfill detail. 3. Silt retention facilities with details and supporting sizing calculations. 4. Ditches, location, and detail. 5. Drain inlet locations; elevation of grate and invert; and construction detail. 6. Pollution control structures, devices and construction details. 7. Plan view and profiles of existing and new storm drainage facilities. 1. Location of top and toe. 2. Slope ratio (horizontal to vertical). 3. Location, elevation, width and slope of all benches. 4. Slope key construction details. E. Location and depth of cut areas. F. Location and height of fill areas. G. Retaining wall, locations, elevations at top and toe, construction details, with supporting engineering calculations. H. Outline and elevation of proposed building pads and paved areas (minimum slope of 2% toward drainage facilities).

10 POLICY AND PROCEDURE FOR PROCESSING GRADING PERMITS Page 3 I. Subdrains, size, location, depth, material, slope, and backfill detail. J. Location of any existing buildings, slopes, structures, utilities, drainage pipes, wells or underground facilities within the project site. K. Location of any existing buildings, slopes, structures, roads, railroad tracks or drainage facilities on adjacent land within 15 feet of the property to be graded, or which may be affected by the proposed grading operations. L. Miscellaneous drawing requirements: 1. Location of work. 2. Name and address of property owner. 3. Name, address, and telephone number, signature, seal and registration expiration date of the registered civil engineer who prepared the grading and drainage plans. The project construction plans should be approved by the project geotechnical engineers for conformance to their recommendations and the project geotechnical report. 4. General vicinity of the proposed site. 5. Property lines and limits of the grading work. 6. Minimum scale: 1" = 40'. 7. North arrow. 8. Grading and drainage plan name, drawing number, and date. M. Erosion and pollution control methods and devices. Provide details for de-silting basins, silt fences, hydroseeding, asphaltic emulsions, hay bales, fabric and sand filters, swales, sumps and other erosion and runoff pollution control devices. N. Review Chapter 33 of the U.B.C. for minimum grading and drainage requirements which may only be reduced if recommended by a registered geotechnical engineer. O. Dust Control. All construction projects are required to comply with the Bay Area Air Quality Management District s (BAAQMD) dust control measure.

11 POLICY AND PROCEDURE FOR PROCESSING GRADING PERMITS Page 4 III. PROCESSING A. Arrange for typing of the permit and make two copies. Grading contractor and property owner to sign and date the original and both copies of the Grading Permit on Page 7. B. Attach one copy of each permit to one copy of the grading plan, soils report and all other documents. C. Deliver the signed original Grading Permit, Bond, indemnity agreement, and Insurance Certificates to the City Attorney for approval. D. Deliver the three Grading Permit packages to the City Engineer for review, approval, and signature. E. After the City Engineer signs the original and two copies of the permit, distribution is as follows: IV. DISTRIBUTION A. Original to City Clerk's files. B. Duplicate to Applicant. C. Duplicate to Engineering Division Grading Permit files.

12 GRADING PERMIT NO. South San Francisco, California In accordance with South San Francisco Municipal Code Chapter and Section and City Council Resolution No this Grading Permit is issued as of the date that this Permit is signed by the City Engineer on Page 7, to the Permittees named on Schedule 1, Line 2, to conduct grading operations in an amount estimated on Schedule 1 Line 3A, on the site described on Schedule 1 Line 3 and shown on the grading plan, title of which is set forth on Schedule 1 Line 4B, which is hereinafter referred to as ''Plan, subject to the following terms and conditions: 1. Permittees shall cause the grading to be done under the immediate supervision of a State registered geotechnical engineer who shall certify upon completion of the grading work that the work was done under his, or her, supervision in accordance with the Plan and "Geotechnical Report" described in Schedule 1 Lines 4A and 4B. 2. This permit shall expire on the date set forth in Schedule 1 Line 7. The permit may be extended by the City Engineer, at his option, upon written request of the applicant. 3. In accordance with the provisions of the Uniform Building Code, as adopted in Chapter of the South San Francisco Municipal Code: during the period between November 1 and May 1, no grading work in excess of two hundred (200) cubic yards is permitted except as required to maintain temporary erosion control devices, desilting basins and the approved winterization improvements. The Permittees shall accomplish all emergency public safety related work, as required by the City to correct hazards within twenty-four (24) hours of receiving oral or written notification by the City Engineer or his authorized representative. If the Permittees do not commence the emergency work within twenty-four (24) hours of contacting, or attempting to contact, the Permittees at their twenty-four (24) hours phone number listed on Page 6 of this permit, the City Engineer may order City forces or a private contractor to accomplish the work and charge the costs to the Permittees. 4. Permittees shall control dust by the use of an adequate number of water trucks and any other methods recommended by the soils engineer to protect public and private property in the vicinity or adjacent to the area from annoyance or damage from dust caused by the grading operations. Permittees shall conduct dust and erosion control operations seven days a week, twenty-four hours a day. Should Permittees neglect to control the dust or erosion as herein provided, City may suspend the grading operation by written notice to Permittees, requiring that all operations cease until a reasonable schedule or plan for dust control is filed with the City Engineer. 5. Permittees shall make available to the City Engineer or his representative, any and all documents, maps or reports concerned with the grading operations and shall permit inspections of the fill material at the site by the City Engineer or his 1

13 representative, in order that adequate inspection may be made to determine whether the property is being filled and graded in accordance with this permit. 6. Permittees should conduct the grading operations so as not to damage the property in the vicinity of the grading site and so as to not leave uncompleted dangerous cuts or embankments. Should Permittees leave uncompleted work in a hazardous condition or with dangerous cuts or embankments, the City may order the work completed or the dangerous cuts or embankments removed or made safe at the cost and expense of the Permittees. 7. Permittees shall clear and prepare the site as recommended in the geotechnical report and as required by the geotechnical engineer. Materials for the fill shall consist of materials approved by the geotechnical engineer and may be obtained from the excavation of lands, borrow pits or any other approved sources. 8. Permittees shall compact all fills in lifts as recommended in the soils report and as required by the geotechnical engineer. Field destiny tests shall be made at intervals determined by the geotechnical engineer. No additional layers of fill shall be spread until the field density tests indicate that the specified density has been obtained. The geotechnical engineer shall have authority to and shall order work stopped until the underlying layers have been compacted to the specified density, should compaction tests show compaction below standard. Where loose materials remain on the slope after the final elevation of the slope has been obtained, the loose materials shall either be removed or to be compacted, in accordance with the requirements of the geotechnical report and the geotechnical engineer. 9. Permittees should have the geotechnical engineer to maintain on the site at all times during the placement of fill, or the pertinent work, a qualified representative who shall certify to the proper compaction of all fills and to the adherence with all other requirements set forth herein as the work progresses. 10. Permittees shall file with the City, prior to issuance of this permit, an agreement between the Permittees and the geotechnical engineer providing that the geotechnical engineer will inspect an supervise the grading operations to assure that it is being conducted in accordance with the terms of this permit, and further providing that upon completion of the grading work and the construction and installation, the geotechnical engineer shall submit a final report to the City Engineer stating that all cut, fill and slope areas have been constructed and compacted in accordance with the Geotechnical Report and the "Plan" specified in the terms of this permit. Permittees shall further file with the City a final grading map showing thereon the location of control compacted filled ground, original and final contour lines and finished grade elevations, as constructed and locations of all surface and sub-surface drainage pipes and structures. The drainage pipes and structures shall be private property unless there is dedication formally made by the property owner and accepted by the City Council. 11. Permittees shall file with the City, prior the issuance of a permit, an agreement between Permittees and their geotechnical engineer preparing the geotechnical report for the grading operation and conducting on-site inspections and reports and specifying that the geotechnical engineer will indemnify and hold harmless, 2

14 Permittees and the City it's officers, employees, agents, boards and commissions, whether elected or appointed, from and against all claims, suits, losses, and damages arising out of the performance of the work hereunder, which is (1) for bodily injury, illness, or death, or for property damage, and (2) caused in whole or in part by any willful or negligent act or omission of the geotechnical engineer in connection with the performance of their work herein. In the event of concurrent negligence, then the liability for any and all claims for personal injury (including death) and property damage arising out of performance of this permit shall be apportioned under the California theory of comparative negligence as established presently, or as may hereafter be modified. Each party to this permit involved in the proposed work will be responsible for all costs, including attorneys fees, arising from any claim to which this permit applies. 12. Permittees shall hold harmless indemnify and, at City's request, defend City, it's officers, employees, agents, boards and commissions, whether elected or appointed, from and against all claims, demands, actions, causes of action, losses, damages, liabilities, costs and expenses, including but not limited to reasonable attorney s fees or obligations, or in connection with personal injury (including, but not limited to death), or damage to property (both real and personal) which arises out of, or is in any way connected with, the negligent act, error or omission of Permittee or its agents, subcontractors or employees in connection with the performance of the work defined herein. 13. The Permittees shall take out and maintain during the life of this Grading Permit the following policies of insurance: (A) Worker s Compensation and Employers Liability Insurance in the statutory coverage. In signing this agreement, the Permittee makes the following certification: I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance with the provisions of the code, and I will comply with such provisions before commencing the performance of the work authorized by this Agreement. (B) Commercial General Liability Insurance: In an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) for injuries including, but not limited to, death to any one person and subject to the same limit for each person, in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. (C) Automobile Liability (Code 1 Insurance): In an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) combined single limit per accident for bodily injury and property damage. 3

15 (D) Contractual Liability Insurance: Permittees shall take out and maintain during the life of this Grading Permit an insurance policy in the amount of at least ONE MILLION DOLLARS ($1,000,000), insuring City, its elective and appointive boards, commissions, officers, agents and employees, and Permittees against damages sustained by reason of any action or actions at law or in equity, and/or any claims or demands by reasons of any breach or alleged breach of any contract or provisions therefore, or by reason of any contractual liability, or alleged contractual liability arising out of any contract entered into by Permittee and/or any of its agents or employees in order to perform the work defined herein. (E) It is agreed that the insurance required by Subsections B, C, and D shall be in an aggregate amount of not less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000) and shall be extended to include as insureds: the City of South San Francisco, its elective and appointed officers, boards, Commissions, agents, employees and volunteers, with respect to operations performed by the Permittees as described herein. The coverage shall contain no special limitations on the scope of protection afforded to the City. Evidence of the insurance described above shall provided to the City upon execution of this Grading Permit and shall be subjected to approval by the City Attorney as to form, amount and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or cancelled except upon thirty (30) days written notice to the City. In addition, the following endorsement shall be made on the policy of insurance: "Notwithstanding any other provisions in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or reinsurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss, until and unless, the approximate limit of liability afforded hereunder is exhausted." 14. The City Engineer shall designate the haul route for Permittees, should one be necessary, and shall file a description of the haul route with the City Clerk together with this permit. The haul route, if any, is set forth in Schedule 1, Line 5A. Permittees or Permittees hauling contractor shall file with City, a corporate surety bond in the principal sum set forth in Schedule 1, Line 5B, to secure the performance and to assure compliance with the provisions of Section and Chapter of the South San Francisco Municipal Code, or its successor. 15. Permittees shall conduct the grading work and place the fill in accordance with the Plan, and Geotechnical Report referred to. 16. In addition to the requirements set forth above, this Permit is subject to the special conditions set forth in Exhibit A to Schedule 1. 4

16 17. The City Engineer is authorized to enforce the terms and conditions of this permit. If Permittees neglect, refuse or otherwise fail to comply with terms and conditions of this permit, the City Engineer shall proceed as follows: (A) (B) Notice to Comply. The City Engineer shall issue in writing to Permittees a Notice to Comply, stating therein the act or acts required to comply with the terms and conditions of the permit, establishing a time for the performance of the act or acts, which shall not be less than five (5) days after receipt of the notice, and informing Permitees that upon failure to so comply, a Notice of Suspension will issue on the sixth day after receipt of the Notice to Comply. Permittees, within five (5) days after receipt of the notice. Comply may file a Request for review with the City Manager, who within five (5) days after receipt therefore shall set a conference meeting with the City Engineer and Permittees for the purpose of confirming, modifying or ordering withdrawal of the Notice to Comply. If Permittees file the Request for Review, issuance of a Notice of Suspension shall be stayed until the City Manager confirms, modifies or revokes the Notice to Comply. Notice of Suspension. The City Engineer shall issue a notice of suspension if: (1) Permittees neglect, refuses or otherwise fail to do the act or acts required the Notice to Comply within the time stated, unless Permittees have filed a Request for Review. (2) Permittees neglect, refuse or otherwise fail to do the act or acts required by the Notice to Comply as confirmed or modified by the City Manager within five (5) days after the confirmation or modification. Within five days after receipt of the Notice of Suspension, Permittees may file an appeal with the City Council, upon receipt of which the City Clerk shall set a hearing before the Council for the next regular meeting, for the purpose of having the Council confirm, modify or revoke the Notice to Comply and Notice of Suspension. If Permittees file the Appeal, the Notice of Suspension shall be stayed until the Council confirms, modifies or revokes the Notice to Comply and Notice of Suspension. If the Council confirms or modifies same, then Permittees shall comply within five (5) days after Council s order, and upon Permittees neglect, refusal, or failure to perform the act or acts so required, then on the sixth day after Council's order, the permit shall stand suspended and Permittees shall cease grading the parcel. If on the thirtieth day after the order Permittees have not performed the act or acts so required, then the permit shall stand revoked, unless on or before the thirtieth day the Council extends the time for performance. 18. The City Engineer may order a review of this permit, the Plan and Geotechnical Report and performance of work for the purpose of modifying the permit or requiring remedial work, after hearing thereon, notice of which shall be given to Permittees ten (10) days prior to the date set for hearing. If the City Engineer determines at the hearing that modification and/or remedial work is required, then he may require a modification and/or order Permittees to perform 5

17 the remedial work, setting a time therefore of not more than thirty (30) days, which time may be reasonably extended. If Permittees fail to so comply, the City Engineer may order a suspension of the permit, suspension of work, or revocation of the permit. Permittees may within five (5) days after receipt of the order from the City Engineer file an appeal from the order with the City Manager. The City Manager shall within ten (10) days thereafter confirm, modify or revoke this order. Permittees may then file an appeal with the City Council within five (5) days after issuance of the order by the City Manager, and the hearing on the appeal shall be set by the City Clerk at the next regular meeting. The Council may confirm, modify or revoke this order. 19. This permit shall not become effective until executed by both the Permittees and the City Engineer. 20. This permit shall expire on the date set forth on Schedule 1, Line 7 and, if applicable, may be limited, or suspended, during the period from November 1 to May 1, in accordance with the provisions of chapter of the South San Francisco Municipal Code, or its successors. Dated:, City Engineer This permit is accepted by the undersigned who agree to comply with and be bound by the terms thereof, and this permit shall bind the Permittees, their assigns and successors in interest. Date: Permittees (Property Owner) By: Title: By: Title: 24 Hour Phone Number Date: Permittees (Grading Contractor) By: Title: By: Title: 24 Hour Phone Number: 6

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