Article V — Permit Requirements

The director of public works may deny the issuance of a grading permit if final grading plans fail to satisfy the provisions of this chapter or any of the conditions imposed. The director of public works shall identify the provisions, requirement or condition which has not been met or performed by the applicant.

(Prior gen. code § 7-114.0)

A.

The schedule of permit fees and costs shall be those established and adopted by the board from time to time by resolution. Before a permit is issued, the applicant shall deposit with the director of public works cash or equivalent, in a sufficient sum to cover the fee for issuance of the permit, charges for review of plans, specifications and reports, other engineering services, field investigations, necessary inspection or other work and routine laboratory tests of materials and compaction, all in accordance with the said schedule.

B.

No application fee shall be required of public agencies or public utilities.

C.

Public or private utilities may, at the option of the director of public works, make payment for the above charges as billed by the director of public works instead of by advance deposit as required above.

D.

If, upon completion of any work under a permit there remains any excess of deposit or of fees or charges, the director of public works shall certify the same to the auditor for refund to the permittee or refund the same from any trust fund established under his jurisdiction for such purposes.

E.

If, upon completion of any work under a permit there is an insufficient deposit to cover the cost of the work, the director of public works may require the permittee to reimburse the amount equal to the cost deficit.

F.

If grading work is done in violation of this chapter or such work is not done in accordance with an approved permit, the director of public works shall have the authority to charge remedial fees in accordance with the provisions of Section 15.36.674 of this chapter.

(Prior gen. code § 7-114.1)

(Ord. No. 2010-19, § 1, 5-4-10)

A geotechnical (soil) or geologic investigation report shall accompany the permit application in any of the following circumstances:

A.

When the proposed grading includes a cut or fill exceeding five feet in depth at any point and the slope of the natural ground within thirty (30) feet of the cut or fill exceeds ten (10) percent; however, for vehicular ways, a geotechnical/geologic investigation shall not be required unless the grading includes a proposed cut or fill that exceeds ten (10) feet in depth;

B.

When the shrink-swell rating of the soil in the area of the proposed grading work is greater than .5, as shown in the "building site development" ratings in the "web soil survey soil data explorer" interactive maps published by the United States Department of Agriculture Natural Resources Conservation Service as of April 2010 at http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx, or when there are other reasons to suspect that highly expansive soils are present;

C.

When the property is located within an earthquake fault zone or a seismic hazard zone, as delineated on the official maps published for that purpose by the California Geologic Survey, or when such hazards are otherwise known or suspected on the site.

The director may require additional or supplemental geotechnical/geologic investigations and reports in conjunction with the design and construction of other structures and facilities subject to separate permits, such as foundations, on-site wastewater treatment systems, stormwater infiltration devices, etc.

(Prior gen. code § 7-114.2)

(Ord. No. 2010-19, § 1, 5-4-10)

Those portions of the geotechnical/geologic investigation, as described in Section 15.36.320 of this chapter, that constitute "civil engineering" as defined by Section 6731 of the Business and Professions Code of the state shall be conducted by a geotechnical engineer. Those portions of the investigation that involve the practice of "geology" as defined by Section 7802 of the Business and Professions Code of the state shall be conducted by an engineering geologist or geologist.

The investigations shall be based on observation and tests of the material exposed by exploratory borings or excavations, and other inspections made at appropriate locations. Additional studies may be necessary to evaluate soil and rock strength, the effect of moisture variation on soil, bearing capacity, compressibility, expansiveness, stability, percolation rates, groundwater levels, and other factors.

(Prior gen. code § 7-114.3)

(Ord. No. 2010-19, § 1, 5-4-10)

Any geotechnical/geologic investigation report shall be subject to the approval of, and supplemental reports and data may be required by, the director of public works. Recommendations included in the reports and approved by the director of public works shall be incorporated in the final plans and specifications.

(Prior gen. code § 7-114.4)

(Ord. No. 2010-19, § 1, 5-4-10)

The geotechnical/geologic investigation report shall contain all of the following as they may be applicable to the subject site:

A.

An index map showing the regional setting of the site;

B.

A site map showing the topographic features of the site and locations of all soil borings and test excavations;

C.

A classification of the soil types (unified soil classification); pertinent laboratory test data; and consequent evaluation regarding the nature, distribution and strength of existing soils;

D.

A description of the geology of the site and the geology of the adjacent areas when pertinent to the site;

E.

A suitably scaled map and cross sections showing all identified areas of land slippage;

F.

A description of any encountered groundwater or excessive moisture conditions;

G.

A description of the soil and geological investigative techniques employed;

H.

A log for each soil boring and test excavation showing elevation at ground level and depth of each soil or rock strata;

I.

An evaluation of the stability of pertinent natural slopes and any proposed cut and fill slopes;

J.

An evaluation of settlement associated with the placement of any fill;

K.

Recommendations for grading procedures and specifications, including methods for excavation and subsequent placement of fill;

L.

Recommendations regarding drainage and erosion control;

M.

Recommendations for mitigation of geologic hazards;

N.

Recommendations for the design of any associated stormwater treatment/detention systems, particularly those systems that are intended to provide treatment by means of infiltration.

(Prior gen. code § 7-114.5)

(Ord. No. 2010-19, § 1, 5-4-10)

Upon completion of rough grading work, the director of public works may require a final geotechnical/geologic report that includes, but is not necessarily limited to the following:

A.

A complete record of all field and laboratory tests including location and elevation of all field tests;

B.

A professional opinion regarding slope stability, soil bearing capacity, and any other pertinent information;

C.

Recommendations regarding foundation design, including soil bearing potential, and building restrictions or setbacks from the top or toe of slopes;

D.

A declaration by the geotechnical engineer, engineering geologist, or geologist in the format required by the director of public works that all work was done in substantial accordance with the recommendations contained in the geotechnical geologic investigation reports as approved and in accordance with the approved plans and specifications.

(Prior gen. code § 7-114.6)

(Ord. No. 2010-19, § 1, 5-4-10)

Where geotechnical or geologic conditions encountered in the grading operation deviate from that

anticipated in the geotechnical/geologic investigation reports or where such conditions warrant changes to the recommendations contained in the original investigation, a revised geotechnical/geologic report shall be submitted for the approval of the director of public works.

(Prior gen. code § 7-114.7)

(Ord. No. 2010-19, § 1, 5-4-10)

A.

The director of public works may require the permittee to provide a private geotechnical engineer, geologist, or engineering geologist, as appropriate, to perform continuous inspection work, and upon completion of the work to provide a written statement acknowledging that he/she has inspected the work and that in his professional judgment the work was performed in accordance with the approved plans and specifications. The permittee shall make his/her own contractual arrangements for such services and be responsible for payment of all costs. Continuous inspection by a geotechnical engineer, geologist, or engineering geologist shall include but not be limited to the following situations:

1.

During the preparation of a site for the placement of fills which exceed five feet in depth on slopes which exceed ten (10) percent and during the placing of such fills; however, for vehicular accessways, fill placement shall be continuously inspected when fills exceed ten (10) feet in height;

2.

During the preparation of a site for the placement of any fill and during the placement of such fill which is intended to support any building or structure;

3.

During the installation of subsurface drainage facilities;

4.

Such other inspections as may be required by the director of public works.

B.

Reports filed by the private geotechnical engineer, geologist, or engineering geologist regarding special inspection shall state in writing that from his/her personal knowledge the work performed during the period covered by the report has been performed in substantial accordance with the approved plans and specifications.

C.

The use of a private geotechnical engineer, geologist, or engineering geologist for inspections shall not preclude the director of public works from conducting inspections using his or other authorized inspectors as may be necessary.

(Prior gen. code § 7-114.8)

(Ord. No. 2010-19, § 1, 5-4-10)

The permittee shall cause the work to be done in accordance with the approved plans. If during the course of construction the private geotechnical engineer, geologist, or engineering geologist finds that the work is not being done substantially in accordance with the approved plans and specifications, he/she shall immediately notify the person in charge of the work and the director of public works of the nonconformity and the corrective measures to be taken. When changes in the plans are required, he/she shall prepare such proposed changes and submit them to the director of public works for approval.

(Prior gen. code § 7-114.9)

(Ord. No. 2010-19, § 1, 5-4-10)

Periodic progress reports shall be rendered by the private geotechnical engineer, geologist, or engineering geologist as required by the director of public works including, but not limited to laboratory tests, slope stability, placement of materials, retaining walls, drainage, utilities and any special permit or plan requirements.

(Prior gen. code § 7-114.10)

(Ord. No. 2010-19, § 1, 5-4-10)

Periodic progress reports shall be rendered by permittee on specified calendar dates and at commencement and completion of major key grading and erosion and sediment control operations. The dates of operations upon which such reports are required and their content shall be as required by the director of public works in the permit.

(Prior gen. code § 7-114.11)

Permittee shall submit to the director of public works an "as-built" grading plan following completion of grading operations.

(Prior gen. code § 7-114.12)

The director of public works may inspect any work done pursuant to a permit under this chapter. In addition, inspections by a private geotechnical engineer, geologist, or engineering geologist may be required in accordance with the provisions of Section 15.36.380 of this chapter.

The director of public works will determine the scope of the necessary inspections on a case-by-case basis, but the following inspection points are typical:

A.

Preconstruction meeting with permittee and all project consultants, including the special inspector if applicable.

B.

Pre-fill. The site has been cleared and grubbed, undocumented fill has been removed, and any required benches or keyways are cut and ready for fill.

C.

Rough grading. Roadway subgrades, drainage swales, and slope terraces are constructed; approximate final elevations are established; and drainage systems sufficient to protect the building sites are installed.

D.

Final. Grading is complete. Drainage systems, including any required stormwater protection facilities, are installed.

The director of public works may require reinspections at any point if he/she determines that the grading work is either not ready for inspection or is being performed in violation of this chapter; see Section

15.36.674 of this chapter for possible penalties associated with failed inspections. The director of public works shall also have the authority to inspect grading work that has been or is being performed without a permit in order to determine the extent of possible remediation, including the imposition of penalties per Section 15.36.674.

The director of public works shall have the authority to oversee, inspect, and require compliance with the pollution prevention plan throughout the period of any permit.

No permittee shall be deemed to have complied with this chapter until the final inspection of the work has been made by the director of public works and he/she has certified in writing that the work has been completed in accordance with all requirements and conditions of the permit, and when required, a final geotechnical/geologic report and as-built plans have been filed with the director of public works.

The permittee shall provide adequate access to the site for inspection by the director of public works during the performance of all work and for a minimum period of one year after acceptance by the director of public works of all improvements pursuant to Section 15.36.660B and C of this chapter.

(Prior gen. code § 7-114.13)

(Ord. No. 2010-19, § 1, 5-4-10)

The permittee shall also be responsible for the following:

A.

Protection of Utilities. The permittee shall be responsible for the prevention of damage to any public or private utilities or services.

B.

Protection of Adjacent Property. The person doing or causing the grading is responsible for the prevention of damage to adjacent property. No person shall excavate on land sufficiently close to the property line to endanger any adjoining public roadway right-of-way, district property, or other public or private property, without supporting and protecting such property from damage that might result.

C.

Advance Notice. The permittee shall notify the director of public works at least twenty-four (24) hours prior to the start of work.

D.

Construction Site Control. It shall be the responsibility of the permittee to implement seasonally appropriate best management practices for the control of erosion, the control of stormwater run-on and runoff, the control of sediment, good site management, the control of non-stormwater discharges from the site, and where necessary, active treatment of discharges, all in accordance with a pollution prevention plan and with an erosion and sediment control plan approved by the director of public works.

(Prior gen. code § 7-114.14)

(Ord. No. 2010-19, § 1, 5-4-10)

No permit issued under this chapter may be transferred or assigned in any manner whatsoever, voluntarily or by operation of law, without the express consent of the director of public works.

(Prior gen. code § 7-114.15)