Chapter 716-2 — GENERAL PROVISIONS

This division is the grading ordinance of Contra Costa County.

(Ord. 69-59 § 1, 1969).

This division sets forth regulations for control of excavating, grading, earthwork construction, including fills or embankments and related work.

(Ord. 69-59 § 1, 1969).

Article 716-2.4. Definitions

As used in this division, the following words and phrases have the meanings set forth in Sections 716-2.404 —716-2.436, unless otherwise required by the context.

(Ord. 69-59 § 1, 1969).

"Approved soil testing agency" is an agency regularly engaged in the testing of soil under the direction of a civil engineer experienced in soil mechanics (a soil engineer) when such agency has been approved by the building official.

(Ord. 69-59 § 1, 1969).

"Bedrock" is the relatively solid, undisturbed rock in place either at the ground surface or beneath superficial deposits of gravel, sand or soil.

(Ord. 69-59 § 1, 1969).

The county building official is the director of the building inspection department or his or her duly authorized deputy charged with enforcement of this division.

(Ords. 99-46 § 2: 69-59 § 1, 1969).

"Building pad" is that area of a lot, parcel or site which will be occupied by the building structure, and includes any other structure or improvement attached, adjoining or adjacent thereto.

(Ord. 69-59 § 1, 1969).

"Civil engineer" means a professional engineer in the branch of civil engineering holding a valid certificate of registration issued by the state of California.

(Ord. 69-59 § 1, 1969).

"Compaction" means the act of compacting or consolidating soil and rock material to a specified density, and the resulting compacted state of the material.

(Ord. 69-59 § 1, 1969).

"County specifications" means the current specifications and their amendments adopted by the board of supervisors, relating to county ordinances or to general use by county departments having jurisdiction over earthwork, roads, buildings, drainage, and similar construction.

(Ord. 69-59 § 1, 1969).

"Critically expansive soil or other soil problems" are soil conditions which are likely to cause damage to improvements, including streets, structures and buildings. They shall be tested by acceptable procedures to provide data suitable for making adequate designs for the improvements.

(Ord. 69-59 § 1, 1969).

"Engineering geologist" means a professional geologist in the branch of engineering geology qualified to hold, or holding a valid certificate of registration as a engineering geologist in the state of California.

(Ord. 69-59 § 1, 1969).

"Engineering geology" is the application of geological data and principles to engineering problems dealing with naturally occurring rock and soil for the purpose of assuring that geological factors are recognized and adequately interpreted in engineering practice.

(Ord. 69-59 § 1, 1969).

"Fill" means soil, rock, or other similar irreducible materials placed by man.

(Ord. 69-59 § 1, 1969).

"Grade and grading" include the acts or results of:

(1)

Digging, excavating, transporting, placing, spreading, depositing in an embankment or fill; and/or

(2)

Compacting or settling, or shaping of surfaces and slopes in excavations and on embankments; and/or

(3)

Backfilling of trenches, pits, ditches and other excavations or natural depressions; and/or

(4)

All other operations performed by or controlled by human agency involving the physical movement of rock or soil.

(Ord. 69-59 § 1, 1969).

"Natural grade" is the vertical location of the ground surface prior to any excavation or fill.

(Ord. 69-59 § 1, 1969).

"Quarry" means any premises or site from which rock, sand, gravel, stone, earth soil or mineral is removed or excavated for immediate or delayed disposition away from the premises, except:

(1)

Excavation which is necessary for the development of a lot or parcel, if permits for construction have been issued pursuant to this division, and if the development conforms to the provisions of Title 9;

(2)

Excavation which is necessary to bring the contour of the land, within a subdivision for which a map has been recorded, to the grades shown on a land development plan for subdivision, which subdivision has been approved as a part of the grading permit authorizing the excavation.

(Ord. 69-59 § 1, 1969).

"Rough grade" is the elevation of the ground surface established by grading that approximates the final elevation shown on the approved design.

(Ord. 69-59 § 1, 1969).

"Site" is any area, lot or parcel of land or contiguous combination thereof, under the same ownership, where grading or development is proposed or performed.

(Ord. 69-59 § 1, 1969).

"Soil engineer" is a civil engineer who is experienced in soil mechanics, who investigates and reports on the stability of existing or proposed slopes, who controls the installation and compaction of fills, who recommends soil bearing values, and who provides design criteria and calculations for special earth structures such as buttress fills.

(Ord. 69-59 § 1, 1969).

Article 716-2.6. Prohibited Actions

No person shall perform any work within the scope of this division without first having obtained a permit from the building inspection department pursuant to this division.

(Ord. 69-59 § 1, 1969).

No person shall grade, whether or not a permit is required therefor under this division, so that dirt, soil, rock, debris, or other material washed, eroded, or moved from the property by natural or artificial means creates a public nuisance or hazard, or an unlawful encroachment on other property or on a public road or street. Any such matter deposited within the right-of-way of a public road or street which may constitute a nuisance or hazard to public traffic shall be removed immediately, and failure to do so on notice from the county, authorizes the county to have the matter removed at the expense of the responsible party and/or permit holder.

(Ord. 69-59 § 1, 1969).

No person shall obstruct, impede or interfere with the natural flow of storm waters, whether unconfined upon the surface of the land, within land depressions or natural drainage ways, within unimproved channels or watercourses, or within improved ditches, channels or conduits, except for construction operations permitted by the county.

(Ord. 69-59 § 1, 1969).

No person shall excavate, or remove any material from any levee or do any work on levees required for river or local drainage control without prior approval of the local governmental agency responsible for the maintenance of the levee.

(Ord. 69-59 § 1, 1969).

No person shall perform any work or construct any facility (including excavation or embankment, trenching, driveway construction, or drainage facility) within the right-of-way of a public road or street, or within an easement under the jurisdiction of this county, without a permit from the county agency having jurisdiction.

(Ord. 69-59 § 1, 1969).

* For encroachments of public rights-of-way, see Div. 1002, this code.

Article 716-2.8. Administration

The building inspection department shall administer this division.

(Ord. 69-59 § 1, 1969).

* For building inspection department, see Ch. 72-2, this code.

The county building official is authorized to issue bulletins to interpret or clarify the administrative and technical details of this division.

(Ords. 99-46 § 3: 69-59 § 1, 1969).

Article 716-2.10. Nuisance Abatement

716-2.1002 - Nuisance abatement.

Any excavation or fill which the county building official finds is a menace to life, limb or property or adversely affects the safety, use or stability of a public way or drainage way or channel is declared to be a

public nuisance, and in addition to any other remedy available under the law, may be abated pursuant to Article 14-6.4.

(Ords. 99-46 § 4: 88-88 § 15, 69-59 § 1, 1969).