Contra Costa County Municipal Code Ch. 716-4 Permits

(a) Except as specified in Sections 716-4.202 through 716-4.208, no person shall grade without having a valid permit as provided in this chapter.

(b) Notwithstanding the provisions of Section 716-4.208, a permit is required for all subdivisions as defined in Title 9, and all other projects for which a governmental agency has specified a permit as being required as a condition of approval.

(c) A separate permit is required for work on each site, unless the sites are contiguous and the entire area is included in the plans accompanying the application.

(d) Grading permits for work on property on which a subdivision or development requiring approval of a tentative map is proposed shall not be issued until reviewed by the public works department for compliance with the requirements of Title 9.

(e) For grading permits involving one thousand cubic yards (764.6 cubic meters) or more of material not required as part of other entitlement permit:

(1) Notice. Before the building inspection department decides any application pursuant to this article, the building inspection department shall mail or deliver notice of intent to decide the application pursuant to the notice provisions of Section 26-2.2004. The notice shall state the last day to request a public hearing on the application (which shall be not less than ten days after date of mailing or delivery), the general nature of the application, and the street address, if any, of the property involved or its legal or boundary description if it has no street address.

(2) Hearing Required. If, within ten calendar days after mailing or delivery of the notice of intent, a written request for public hearing is filed with the building inspection department, it shall schedule a public hearing before the zoning administrator on the application in accordance with applicable provisions of Chapter 26-2 and mail notice thereof to the applicant, the owner and any other persons requesting a hearing.

(Ords. 99-46 § 5: 89-33 § 2, 69-59 § 1, 1969).

A grading permit is not required for:

(a) An excavation which meets all of the following requirements:

(1) Is less than five feet (1.524 meters) in depth below natural grade and is adequately supported by a retaining structure designed and constructed in accordance with Division 74;

(2) Does not create a cut slope greater than seven feet (2.134 meters) in height and steeper than one vertical to two horizontal; and

(3) Does not exceed two hundred cubic yards (152.92 cubic meters).

(b) A fill which meets all of the following requirements:

(1) Is not intended to support structures;

(2) Does not obstruct a drainage course;

(3) Is placed on natural grade that has a slope not steeper than one vertical to five horizontal;

(4) Is less than three feet (0.914 meters) in depth at its deepest point, measured vertically upward from natural grade to the surface of the fill; and

(5) Does not exceed two hundred cubic yards (152.92 cubic meters).

(c) Minor land leveling for agricultural farming, if the average ground elevation is not changed more than three feet (0.914 meters).

(d) Cemetery graves.

(Ords. 99-46 § 5: 86-25 § 2, 69-59 § 1, 1969).

A grading permit is not required for:

(a) An excavation below finished grade for basements and footing of structures authorized by a valid building permit or trench excavations for the purpose of installing underground utilities, if to be backfilled to natural grade;

(b) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay, for which a permit has been granted by the planning agency; provided that, such operations do not affect the lateral support or increase the stresses in, or pressure upon, any adjacent or contiguous property;

(c) Improvement of watercourses and construction of drainage, irrigation and domestic water supply systems and facilities performed under the supervision of the flood control district, an agency of the federal or state government, a water or sanitation district, or an irrigation or reclamation district;

(d) The construction, repair and maintenance of levees for river and local drainage control performed by a governmental agency;

(e) Refuse and garbage disposal sites controlled by other regulations;

(f) Emergency work, as authorized by the county building official, necessary to protect life, limb or property, or to maintain the safety, use or stability of a public way or drainage way.

(Ords. 99-46 § 5: 69-59 § 1, 1969).

* For drainage permits, see Ch. 1010-8 of this code.

A grading permit is not required for:

(a) Excavations for installation of underground storage tanks where the capacity of the tank does not exceed twenty thousand gallons (seventy-five thousand seven hundred liters);

(b) Grading in an isolated, self-contained area if the county building official determines that no danger to private or public property is likely to result from the grading operations;

(c) The structural section of subdivision streets in tracts for which subdivision improvement plans have been reviewed by the public works department and the work is being inspected by that department under Title 9;

(d) Temporary local borrow pits for road materials and top soil for landscaping situated within a larger ownership being subdivided into smaller tracts, if the material is being used entirely within the tracts being subdivided, and if the excavations do not endanger properties under other ownerships or create a public nuisance or safety hazard. The land shall be graded to comply with this division on cessation of excavation within the pit areas;

(e) Temporary stockpiles of top-soil materials required for landscaping lots being graded in the immediate area for building purposes if the stockpiles are not placed within a public right-of-way, do not obstruct drainage ways, are not subject to erosion which will cause silting problems in drainage ways, do not endanger other properties, and do not create a public nuisance or safety hazard, as determined by the building official. The land shall be graded to comply with this division after removal of stockpiles;

(f) Fire trails, and access roads to public utility gas and electric transmission lines.

(Ords. 99-46 § 5: 69-59 § 1, 1969).

Article 716-4.4. Applications

To obtain a permit the applicant shall first file a written application on an approved form. Every application shall conform to the requirements set forth in Sections 716-4.404—716-4.414.

(Ord. 69-59 § 1, 1969).

The application shall describe the site by lot, block and tract designation, and by a street address or similar description sufficient to readily identify it.

(Ord. 69-59 § 1, 1969).

The application shall state the name and address of the owner of the site, the person who is to perform the work, and the soil and civil engineer if such work is to be performed as supervised grading. The permit shall be issued only to the owner or his agent.

(Ord. 69-59 § 1, 1969).

The applications shall be accompanied by plans, specifications and calculations as may be required by Sections 716-4.602—716-4.608.

(Ord. 69-59 § 1, 1969).

The application shall state the estimated cost of performing the work.

(Ord. 69-59 § 1, 1969).

The application shall be signed by the applicant or his authorized agent, who may be required to submit evidence of such authority.

(Ord. 69-59 § 1, 1969).

The application shall give such other information as may be required by the building official.

(Ord. 69-59 § 1, 1969).

Article 716-4.6. Plans and Specifications

With each application for a permit and when required by the county building official for enforcement of any provisions of this code, four sets of plans and specifications shall be submitted. Except as waived by the county building official for small and unimportant work, the plans shall be prepared and signed by a civil engineer or architect and shall contain the items set forth in Sections 716-4.604—716-4.608, plus any additional material which the county building official deems necessary to show conformance of the proposed grading with the requirements of this division and other related ordinances.

(Ords. 99-46 § 6: 69-59 § 1, 1969).

Plans and specifications shall contain:

(a) A vicinity sketch or other means of adequately indicating the site location;

(b) Boundary lines of the site;

(c) Each lot or parcel of land into which the site is proposed to be divided;

(d) The location of any existing buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on adjacent land which may be affected by the proposed work;

(e) Accurate contours showing the topography of the existing ground; and

(f) Sufficient information to demonstrate compliance with Chapters 816-4 and 816-6 (tree preservation).

(Ords. 99-46 § 6: 69-59 § 1, 1969).

Plans and specifications shall also show:

(a) All of the proposed uses of the site and, if the site is to be divided, the proposed use of each lot or parcel of land;

(b) Elevations, location, extent and slope of all proposed grading shown by contours, cross-sections or other means and location of any rock disposal areas, buttress fills or other special features to be included in the work;

(c) Detailed plans of all drainage systems and facilities, walls, cribbing, or other erosion protection devices to be constructed in connection with, or as a part of the proposed work, together with a map showing the draining area and estimated runoff of the area served by any drainage systems or facilities.

(Ords. 99-46 § 6: 69-59 § 1, 1969).

Plans and specifications shall also contain:

(a) A statement of the quantities of material to be excavated and/or filled and the amount of such material to the imported to, or exported from the site;

(b) A statement of the estimated starting and completion dates for work covered by the permit;

(c) A promise signed by the owner, or his authorized agent, that a civil engineer, soil engineer and/or engineering geologist will be employed to give technical supervision or make inspections of the work, whenever approval of the plans and issuance of the permit is to be based on the condition that such professional person be so employed;

(d) Routes of travel to be used for trucks hauling material to and from the site;

(e) Hours and days of work approved by the county building official, the zoning administrator, or the appropriate governing body.

(Ords. 99-46 § 6: 69-59 § 1, 1969).

Article 716-4.8. Reports

The county building official may require an engineering geologist's investigation and report, based on the most recent plan. The engineering geological report shall include an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geologic conditions on the proposed development.

(Ords. 99-46 § 7: 69-59 § 1, 1969).

(a) The county building official may require a soil investigation and report based on the most recent plan.

(b) The preliminary soil report shall be prepared by a soil engineer based upon adequate test borings or excavations. The report shall indicate the presence of critically expansive soils, or other soils problems, which if not corrected would lead to defects in structures, buildings or other improvements; and when it so indicates, it shall further report on an investigation of each lot of the development including recommended corrective action which is likely to prevent such defects or damage to each building, structure or improvement to be constructed.

(c) The preliminary soil report shall also contain:

(1) Reports on the suitability of the earth material for construction of stable embankments and excavation slopes, including those necessary for any artificial or natural drainage channels;

(2) Recommendations for construction procedures to obtain required stability;

(3) Maximum design velocities for any natural or artificial drainage channel; and

(4) Any other recommendations concerning slides, unstable soil conditions, springs and seepage conditions, erosion control planting, or drainage facilities to enable proper development of the site.

(d) The preliminary soil report shall be prepared on eight and one-half-inch (two hundred ten millimeters) by eleven-inch (two hundred ninety-seven millimeters) paper of durable quality and any maps or documents which accompany the report shall be of a convenient size and scale to fold to eight and one-half-inch (two hundred ten millimeters) by eleven inches (two hundred ninety-seven millimeters).

(Ords. 99-46 § 7: 69-59 § 1, 1969.)

All reports shall be subject to review by the county building official. Supplemental reports and data may be required as he may deem necessary. Recommendations included in the reports and approved by the building official shall be incorporated in the development plan or specifications.

(Ords. 99-46 § 7: 69-59 § 1, 1969).

Article 716-4.10. Fees

The applicant shall pay the county building official the fees set forth in Sections 716-4.1006—716-4.1016 on applying for a permit.

(Ords. 99-46 § 8: 69-59 § 1, 1969).

A permit fee is payable on issuance of a permit, in an amount set by fee schedule adopted by the board of supervisors. Additional permit fees may be payable for retaining walls, cribbing, drainage facilities and structures, off-site transportation, and hauling.

(Ords. 99-46 § 8: 69-59 § 1, 1969).

A permit transfer fee of ten dollars is payable when transfer of the permit is approved by the county building official (Ords. 99-46 § 8: 69-59 § 1, 1969).

Where work for which a permit is required by this division is started or proceeded with, prior to issuance of a permit, and a "Notice to Cease Work" or "Notice to Comply" (NTC) has been issued, an additional fee equal to one hundred (100) percent of the total permit fee, shall be paid at the time of application.

(Ords. 99-46 § 8: 69-59 § 1, 1969).

A site investigation and evaluation fee of thirty dollars shall be paid when a site investigation and evaluation is requested prior to application for a grading and/or building permit.

(Ords. 99-46 § 8: 83-59 § 1, 1993).

(a) Filing fees, permit transfer fees, penalty fees and site investigation fees shall not be refunded.

(b) In cases of a reduction of planned work, the approval of an amended permit therefor by the county building official, and satisfactory completion of the work covered by the permit, the permittee may apply to the county building official within thirty days after issuance of the certificate of completion for a refund of that portion of the permit fee which would not have been required for a permit based on the revised cost of the work in the amended permit.

(Ords. 99-46 § 8: 69-59 § 1, 1969).

Article 716-4.12. Performance Bond

If the county building official determines that the proposed work involves more than fifty thousand cubic yards (thirty-eighty thousand two hundred thirty cubic meters) and will not be completed before the rainfall months, or that the nature of the proposed work is such that if left incomplete it will interfere with any natural or artificial drainage or will endanger adjoining property or a street, or will create a hazard to human life or any property or street, the owner shall furnish a bond, whether cash or corporate surety bond at his option (but five hundred dollars of every bond must be in cash), in a form approved by the county counsel or an instrument or instruments of credit approved by the county counsel from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment on demand and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument.

(Ords. 99-46 § 9: 69-59 § 1, 1969).

* For county counsel, see Ch. 24-12.

(a) The amount of bond shall be based upon the number of cubic yards (cubic meters) of material in either excavation or fill, whichever is greater, plus the cost of all drainage and other protective devices or work necessary to eliminate geological hazards. That portion of the bond valuation based on the volume of material in either excavation or fill shall be computed as set forth in the following table:

Ten thousand cubic yards (seven thousand six hundred forty-six cubic meters) or less, one hundred percent of the estimated cost of grading work;

Over ten thousand cubic yards (seven thousand six hundred forty-six cubic meters), one hundred percent of the cost of the first ten thousand cubic yards (seven thousand six hundred forty-six cubic meters), plus fifty percent of that portion in excess of ten thousand cubic yards (seven thousand six hundred forty-six cubic meters).

(b) When the rough grading has been completed in conformance with the requirements of this code, the county building official may at his discretion consent to a proportionate reduction of the bond to an amount estimated to be adequate to insure completion of the grading work, site development or planting remaining to be performed. The costs referred to in this section shall be as estimated by the county building official.

(Ords. 99-46 § 9: 69-59 § 1, 1969).

Every bond shall include the conditions that the principal shall comply with all the provisions of this code, applicable laws and regulations, and all of the terms and conditions of the permit; but no extension of time under the permit shall release the surety upon the bond.

(Ords. 99-46 § 9: 69-59 § 1, 1969).

The term of each bond shall begin on the date of its posting and shall end on the satisfactory completion of the terms and conditions of the permit as evidenced by a certificate of completion, a copy of which will be sent to any surety on request.

(Ords. 99-46 § 9: 69-59 § 1, 1969).

Whenever the county building official finds that a default has occurred in the performance of any term or condition of any permit, he shall give written notice thereof to the principal and surety on the bond, stating the work to be done to achieve a safe and satisfactory condition, its estimated cost, and the period of time he deems reasonable necessary to complete the work.

(Ords. 99-46 § 9: 69-59 § 1, 1969).

After receiving a notice of default, the surety shall have the required work performed within the time specified in the notice.

(Ords. 99-46 § 9: 69-59 § 1, 1969).

If a cash bond has been posted and the notice of default has been given to the principal, and if the principal does not comply with the notice within the specified time, the building official may use the deposited cash to have the required work done, by contract or other means discretionary with the county building official the balance, if any, of the deposit shall be returned to the depositor when the work is complete, after deducting the cost of the work.

(Ords. 99-46 § 9: 69-59 § 1, 1969).

(a) If the county building official finds that a default has occurred in the performance of any term or condition of the permit, the surety or the county building official or any person employed or engaged on behalf of either shall have the right to go on the site to complete the required work or make it safe.

(b) No person shall interfere with or obstruct the ingress or egress to or from the site by any authorized representative or agent of any surety or of the county engaged in completing the work required under the permit or in complying with the terms or conditions of the permit.

(Ords. 99-46 § 9: 69-59 § 1, 1969).

Article 716-4.14. Additional Requirements

On receiving a properly completed application and accompanying plans, other data, and twenty-five percent of the total fees, the building official shall review the application and plans and make the field review to determine site conditions; and within ten working days of such receipt he shall notify the applicant of the approval or denial of the permit.

(Ords. 99-46 § 10: 69-59 § 1, 1969).

The issuance of a permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit, or on the development plans and specifications approved by the county building official.

(Ords. 99-46 § 10: 69-59 § 1, 1969).

Grading permits do not relieve the owner of the responsibility of securing permits or licenses that may be required from other departments or divisions of the governing agencies.

(Ords. 99- 46 § 10: 69-59 § 1, 1969).

The permittee shall fully perform and complete all of the work required to be done pursuant to the permit within the time limit specified therein or, if no time is so specified, within one year after the date of issuance of the permit.

(Ords. 99-46 § 10: 69-59 § 1, 1969).

Approval of permits shall be made subject to the appropriate conditions or reservations required to protect public health, safety, and general welfare, including, but not limited to the following:

(a) Completion of the work within a period approved by the county building official;

(b) Cleaning up the area and planting in accordance with approved plans;

(c) Designation of the area in which work may be done;

(d) Designation of the slope of excavation or filling, or the grade and elevation of excavation or filling;

(e) Reasonable provisions for controlling excessive dust;

(f) Hours of operation;

(g) Safety precautions to guide pedestrian and vehicular traffic in, around, and by the operation;

(h) Posting of a good and sufficient bond to assure compliance with the conditions;

(i) Other conditions deemed necessary by the county building official and based on accepted engineering practices.

(Ords. 99-46 § 10: 69-59 § 1, 1969).

Every permit shall contain (and shall be deemed to contain) the following provision: Execution of a "hold harmless" clause on the permit, which shall read as follows:

By accepting this permit, the permittee, for himself, his contractors, and employees, promises to save, indemnify and hold harmless the County of Contra Costa and its employees, agents and representatives from all liabilities and claims for damages by reason in injury or death to any person(s), or damage to property, from any cause whatsoever while in, upon or in any way connected with the work covered by this grading permit, and does further promise to defend these indemnitee in any claim or action arising out of or as a result of the work done under this permit.

(Ords. 99-46 § 10: 69-59 § 1, 1969).

(a) Applications in which the design meets the requirements of this division and the construction is deemed not detrimental to adjoining properties or to the public interest shall be approved. When all fees and bonds are posted, a permit shall be issued, and the approval and issuance shall be noted on the application and plans.

(b) Applications and plans found inadequate or not in compliance with these regulations shall not be approved until revised to conform to the conditions and regulations prescribed under this division.

(Ords. 99-46 § 10: 69-59 § 1, 1969).

(a) Hazards. The county building official shall not issue a permit in any case where he finds that the work as proposed by the applicant is likely to adversely affect the stability of adjoining property or result in the deposition of debris on any public way or interfere with any existing drainage course or be in an area determined to be subject to geological hazard. If it can be shown to the satisfaction of the county building official that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices, or by other means, he may issue the permit with the condition that such work be performed.

(b) Land Use. The county building official shall not issue a grading permit for work that will not comply with all provisions of Title 8 and any conditions imposed by the planning agency on approval of the use.

(c) Existing Building or Zoning Code Violations. The county building official shall not issue a permit under this title if any building or zoning code violations exist on the site.

(d) Rejection and revisions. Rejection of the application or plans shall be considered a denial of the permit. However, denial of a permit based on insufficient or inadequate plans shall not preclude the applicant from submitting a revised application or revised plans in connection with a pending application.

(e) Expiration and Renewal. Applications shall be considered pending until a grading permit is issued, denied or withdrawn, but an application shall expire ninety days from the date of its filing. An expired application may be renewed or a new application filed on payment of a new filing fee.

(Ords. 99-46 § 10: 69-59 § 1, 1969).

Whenever any portion of the work requires entry onto adjacent property for any reason, the permit applicant shall obtain the written consent of the adjacent property owner or his authorized representative, and shall file a copy of the consent with the county building official before a permit for such work may be issued.

(Ords. 99-46 § 10: 69-59 § 1, 1969).

When an application is approved and a permit issued, one set of plans and accompanying documents shall be clearly marked as reviewed and shall be returned to the applicant. This set shall be kept available for reference at the job site during grading and construction. The applicant may furnish additional sets of plans and documents for notation as reviewed for return to the applicant for his use.

(Ords. 99-46 § 10: 69-59 § 1, 1969).

The permit shall be posted securely in a conspicuous location on the site.

(Ords. 99-46 § 10: 69-59 § 1, 1969).

(a) All changes in the plans, grades, or extent of work shall be submitted to the county building official for written approval and incorporation into the permit, accompanied by any necessary fees, before any change in the approved work is begun. The county building official may amend the permit to approve altered plans, or may deny approval of the changes.

(b) Failure to obtain prior approval for any change in the work shall be cause for the county building official to order suspension of all work until approval is obtained, and may result in revocation of the permit if he deems the changes will increase the hazard to adjoining properties or public roads, or otherwise be detrimental to public welfare.

(Ords. 99-46 § 10: 69-59 § 1, 1969).

Before the expiration of a permit, the applicant may apply for an extension of time in which to complete the work. One extension of time may be granted by the county building official if in his judgment the public welfare is not impaired. The extension shall be for a period the county building official deems appropriate, but not longer than one year. Denial of an extension shall not preclude the permittee from applying for a new permit for the balance of the work, subject to conditions the building official deems appropriate. The applicant shall file the surety's written consent to any extension of time before approval is effective.

(Ords. 99-46 § 10: 69-59 § 1, 1969).

(a) Any transfer of a permit from the permittee to another person shall be ineffective and void unless approved by the county building official.

(b) The transferee shall agree to comply with the requirements and conditions of the original permit and to any modification thereof that may be required because of changes in the condition of the site or change in plans since the permit was issued. The transferee shall furnish the required sureties before the transfer of the permit will be approved.

(Ords. 99-46 § 10: 69-59 § 1, 1969).

(a) Grounds. A permit may be either suspended or revoked if the county building official finds that:

(1) Conditions at the site vary appreciably from those shown and stated in the application and development plans;

(2) Grading or construction does not conform to the approved plans, grades or other conditions of the permit;

(3) Cessation of work before completion has left the site in a condition hazardous to the public or to the adjacent properties, and the permittee has not complied with reasonable requirements for completion of the work within the time specified in the permit or an approved extension of time;

(4) The permittee does not comply with reasonable requirements to safeguard the workmen, the public, or other persons acting in a lawful manner, during grading or construction operations;

(5) In transporting materials or in the operation of equipment the applicant causes materials or litter to encroach, obstruct, or be deposited on pavement or in drainage channels within the public right-of-way, or causes unauthorized obstruction or diversion of drainage channels within the site area; or

(6) Failure to have a qualified inspector working under the soil engineer on the site during grading or construction when required.

(b) Procedure. The county building official shall suspend or revoke a permit by making a written finding and order; and he may seize the permit and/or make appropriate notations on it of the suspension or revocation. Upon the written order of the building official, any suspended permit may be either reinstated or revoked.

(c) Effect of Revocation. Whenever a permit has been revoked, work on the site shall not begin again until a new application incorporating the necessary revisions in plans or methods of operation required to fulfill the intent of this division and in accordance with these regulations, has been approved by the county building official.

(Ords. 99-46 § 10: 69-59 § 1, 1969).

On issuance of a written notice to cease work, the permittee shall immediately cause all grading and hauling connected therewith to cease until written permission is received from the county building official allowing the permittee to proceed after correcting the objectionable conditions or operations to eliminate the hazard or encroachment and to prevent recurrence of the situation.

(Ords. 99-46 § 10: 69-59 § 1, 1969).