Dana Point Municipal Code Art. 14 Grading Inspection

All grading operations for which a grading permit is required shall be subject to inspection by the Director.

(Added by Ord. 98-03, 3/10/98; amended by Ord. 03-04, 2/12/03; Ord. 03-18, 12/10/03; Ord. 10-09, 10/25/10)

(a) It shall be the responsibility of the civil engineer or other qualified individual who prepares the grading plan approved by the Director to incorporate all recommendations from the soil engineering and engineering geology reports and any applicable storm water permits or reports into the grading plan. The civil engineer or other qualified individual who prepares the grading plan shall also be responsible for the professional inspection and approval of the grading within that person's area of technical specialty. This responsibility shall include, but need not be limited to, inspection and approval as to the establishment of line, grade and drainage of the development area. The project civil engineer and/or general contractor shall act as the coordinating agent in the event the need arises for liaison between the project professional grading contractor, and the Director, the civil engineer or other qualified person who prepares and signs the grading plan shall also be responsible for the preparation of revised plans, erosion control plans, storm water pollution control and water quality documents, and the submission of as-graded grading plans when required by the Director upon completion of the work. The civil engineer or other qualified individual that prepared grading plans for permitting shall be responsible to provide construction oversight for the project sufficient to allow the preparation of as-built plans and certifications that the work was completed in accordance with the plans prepared. The grading permit shall not be finalized unless as-built plans and certifications are received to the satisfaction of the Director.

(b) Soil engineering and engineering geology reports shall be required as specified in Section 8.01.220, Soil Engineering and Engineering Geology Reports, of this Code. During grading, all necessary reports, compaction data, soil engineering and engineering geology recommendations shall be submitted to the owner by the soil engineer and engineering geologist. The owner shall submit copies of the report to the civil engineer and two copies of all reports to the Director.

(c) The soil engineer's area of responsibility shall include, but need not be limited to, the professional inspection and approval concerning the preparation of ground to receive fills, testing for required compaction, testing of impermeable fill cap, stability of all finish slopes, design of buttress fills, subdrain installation and incorporation of data supplied by the engineering geologist.

(d) The engineering geologist's area of responsibility shall include, but need not be limited to, professional inspection and written approval of the adequacy of natural ground for receiving fills, the stability of cut slopes with respect to geological matters, and the need for subdrains or other groundwater drainage devices. He or she shall report his or her findings to the soil engineer and the civil engineer for engineering analysis. He or she shall inspect unsuitable soil removal, placement of subdrain and preparation of benching prior to placement of fill.

(e) The Director may expeditiously inspect the project at the various stages of work requiring approval and at any more frequent intervals as may be necessary to determine that adequate control is being exercised by the professional consultants.

(f) When preliminary soil engineering reports are not required by the Director, the Director may require inspection and testing by an approved testing agency. The testing agency's responsibility shall include, but need not be limited to, approval of cleared areas and benches to receive fill, and the compaction of fills.

(g) The Director shall not issue any permit, waiver, or exemption pursuant to this Article unless the Director finds that the work authorized by the permit, waiver or exemption complies with applicable water quality requirements.

(Added by Ord. 98-03, 3/10/98; amended by Ord. 03-04, 2/12/03; Ord. 03-18, 12/10/03; Ord. 10-09, 10/25/10)

If, in the course of fulfilling their responsibility under this Code, the civil engineer, the soil engineer, the engineering geologist, or the testing agency finds that the work is not being done in conformance with the provisions of the approved specifications and grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the Director. Recommendations for corrective measures, if necessary, shall be submitted to the owner. The owner shall submit two copies of all recommendations and reports to the Director.

(Added by Ord. 98-03, 3/10/98; amended by Ord. 03-04, 2/12/03; Ord. 03-18, 12/10/03; Ord. 10-09, 10/25/10)

If the civil engineer, the soil engineer, the engineering geologist, the testing agency, or the grading contractor of record are changed during the course of the work, the work shall be stopped unless: (1) the owner submits a letter of notification verifying the change of the responsible professional; and (2) the new responsible professional submits in writing that that person has reviewed all prior reports and/or plans (specified by date and title) and work performed by the prior responsible professional and that the professional concurs with the findings, conclusions, and recommendations, and is satisfied with the work performed. The professional person may modify or revise recommendations, specifications or work performed if accompanied by supporting data and approved by the Director. The professional must state that the professional assumes all responsibility within that person's professional purview as of a specified date. All exceptions must be justified to the satisfaction of the Director.

Exception. Where clearly indicated that the firm, not the individual engineer and/or geologist, is the contracting party, the designated engineer or geologist may be reassigned and another engineer and/or geologist within the firm may assume responsibility.

(Added by Ord. 98-03, 3/10/98; amended by Ord. 03-04, 2/12/03; Ord. 03-18, 12/10/03; Ord. 10-09, 10/25/10)

(a) Prior to the approval of any grading plans and specifications, the Director may inspect the site to determine that the plans and specifications are current and reflect existing conditions.

(b) The permittee or the permittee's agent shall notify the Director when the grading operations specified in Subarticle 14 of the Grading Manual are ready for inspection.

(c) If the inspector finds the soil or other conditions not as stated in the approved plans and soil or geology reports or as in additional information which was required for issuance of the grading permit, the inspector, using reasonable judgment, may refuse to allow further work until approval is obtained for a revised grading plan which will conform to the conditions.

(d) The provisions of Section 202(d), Stop Orders, of the California Building Code shall apply to all grading work and whenever the Director determines that any work does not comply with the terms of a permit, or this Code, or that the soil or other conditions are not as stated on the grading permit, the Director may order the work stopped by notice in writing served on any persons engaged in doing or causing of such work to be done and any such persons shall forthwith stop such work until authorized by the Director to proceed with the work.

(e) Prior to the issuance of Building Permits for a graded site, the rough grading shall be completed in accordance with Subarticle 14 of the Grading Manual and to the satisfaction of the responsible civil engineer, engineering geologist, soil engineer, or other authorized professional and the Director. Certification in writing is required by the civil engineer, engineering geologist, soil engineer, and/or other authorized professional prior to issuance of a Building Permit.

(f) Whenever any work on which inspections are required is covered or concealed by additional work without first having been inspected, the Director may require by written notice, that such work be exposed for examination. The work of exposing and recovering shall not entail or be subject to expense by the City.

(g) Whenever any building or grading work is being done contrary to the provisions of the water quality requirements related to activities subject to this Article, the Director, in addition to any duties and powers specified in this Article, may utilize any enforcement provisions specified in City Code, Chapter 15.10.

(Added by Ord. 98-03, 3/10/98; amended by Ord. 03-04, 2/12/03; Ord. 03-18, 12/10/03; Ord. 10-09, 10/25/10)

(a) The Director may establish special inspection requirements in accordance with Section 306, Special Inspections, of the California Building Code, as amended, for special cases involving grading or paving related operations. Special cases may apply to work where in the opinion of the Director it is necessary to supplement the resources or expertise available for inspection.

(b) Inspection fees ensuring compliance with an order to return a property to its "natural state" shall be three times the usual inspection fee for all installation of grading, landscape and irrigation, until the property has achieved 80% coverage, as determined by the Director. The minimum site inspection for ensuring compliance with an order to return a property to its "natural state" shall be two inspections per month until the 80% coverage is achieved.

(Added by Ord. 98-03, 3/10/98; amended by Ord. 03-04, 2/12/03; Ord. 03-18, 12/10/03; Ord. 10-09, 10/25/10)