Monterey County Municipal Code Ch. 16.08 Grading

The purpose of this Chapter is to safeguard health, safety, and the public welfare, to minimize erosion, protect fish and wildlife, and to otherwise protect the natural environment of Monterey County.

(Ord. 4029, 1999; Ord. 2534 § 101, 1979)

This Chapter sets forth rules and regulations to control all grading, including excavations, earthwork, road construction, fills and embankments, and establishes the administration procedure for issuance of permits; and provides for approval of plans and inspections of grading construction.

(Ord. 4029, 1999; Ord. 2534 § 102, 1979)

For the purpose of this Chapter, the following terms shall have the following meanings indicated in this Section:

1. "Approval" means a written engineering or geological opinion concerning the progress and completion of the work.

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

3. "Building Official" means the Director of Building Inspection, an authorized employee charged with the administration and enforcement of this Chapter.

4. "Certification" means that the specific inspections or tests required by the Building Official have been performed, and that the results of such tests are satisfactory and that all work complies with the conditions of the permit and the requirements of this Chapter.

5. "Civil engineer" means a professional engineer registered in California to practice civil engineering.

6. "Civil engineering" means the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the valuation, design and construction of civil works for the beneficial uses of mankind.

7. "Compaction" means the densification of a fill by mechanical means.

8. "Contractor" means any person licensed in the State of California authorized to do grading.

9. "Drainage course" means a well defined natural or manmade channel which conveys storm runoff either year-round or intermittently.

10. "Earth material" means any rock, natural soil, or any combination thereof.

11. "Engineering geologist" means a professional geologist registered in the State of California to practice engineering geology.

12. "Engineering geology" means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

13. "Erosion" means the wearing away of the ground surface as a result of the movement of the wind, water or ice.

14. "Excavation" means the mechanical removal of earth material.

15. "Existing grade" means the grade prior to grading.

16. "Fill" means the deposit of any material by artificial means for any purpose.

17. "Finish grade" means the final grade of the site which conforms to the approved plans.

18. "Grading" means any excavating or filling or combination thereof.

19. "Key" means a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope for the purpose of developing a shearing resistance (see Figure 1 included following this Chapter).

20. "Owner" means the person or persons shown in the County Recorder's office as owner of a property.

21. "Road gradient (percent)" means vertical rise multiplied by one hundred (100) and then divided by horizontal run.

22. "Site" means any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

23. "Slope" means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance (see Figure 2 included following this Chapter).

24. "Soil" means naturally occurring, superficial deposits of earth material overlying bedrock.

25. "Soil engineer" means a civil engineer experienced and knowledgeable in the practice of soil engineering.

26. "Soil engineering" means the application of the principles of soil mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.

27. "Terrace" means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.

28. "Levees" mean any artificial embankment constructed to contain the waters of a river, stream or slough.

(Ord. 4029, 1999; Ord. 2799, 1981; Ord. 2534 § 103, 1979)

No person shall do, cause, permit, aid, abet, suffer, or furnish equipment or labor for any grading without first obtaining a grading permit from the Building Official, subject to the following exceptions:

A. Excavations. An excavation which does not exceed one hundred (100) cubic yards which is less than two feet in depth, or which does not create a cut slope greater than five feet in height and steeper than one and one-half horizontal to one vertical;

B. Fills. A fill containing earth material only, which is less than one foot in depth, and placed on natural terrain with a slope fatter than five horizontal to one vertical, or less than three feet in depth, not intended to support structures, which does not exceed one hundred (100) cubic yards on any one site and does not obstruct a drainage course;

C. Basements and Footings. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit; this shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure;

D. Cemeteries. Cemetery graves;

E. Refuse Disposal. Refuse disposal sites which are permitted and actually being controlled pursuant to other county regulations, and excavations for individual and community sewage disposal systems made pursuant to permit;

F. Casual Grading. Infrequent excavation or filling with earth material on one site which does not exceed an accumulated total volume of one hundred (100) cubic yards;

G. Wells—Utilities. Excavations for wells, tunnels, or utilities;

H. Mining—Quarrying. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay materials where established pursuant to county permit;

I. Soil Testing. Exploratory excavations under the direction of a California licensed civil engineer or engineering geologist where such excavation is to be returned to the original condition under the direction of such engineer or geologist;

J. Agricultural Work. A fill or excavation which is to be used only for agricultural purposes such as cultivation or leveling for crops or orchards, and which does not adversely affect any drainage course; not exempted is the construction of reservoirs.

(Ord. 4029, 1999; Ord. 2799, 1981; Ord. 2534 § 104, 1979)

All permits under this Chapter shall be processed in accordance, with the Monterey County Environmental Guidelines, State EIR Guidelines, dated May 1978, as amended.

(Ord. 4029, 1999; Ord. 2534 § 105, 1979)

A. No grading permit shall be issued in any case where the Building Official determines that the grading proposed by the applicant will be hazardous by reason of flood, geological hazard, seismic hazard or unstable soils, or is liable to endanger any other property or result in the deposition of debris on any public way or property or drainage course or otherwise create a nuisance.

B. A grading permit will not be issued for development of any building site or roadway where it has been shown that grading activity will permanently alter existing material on slopes greater than or equal to thirty (30) percent (in excess of twenty-five (25) percent for development in North County Area Plans). Upon application, an exception to allow development on slopes of thirty (30) percent or greater may be granted at a noticed public hearing by the Planning Commission. The exception may be granted if one or both of the following findings are made, based upon substantial evidence.

1. There is no alternative which would allow development to occur on slopes of less than thirty (30) percent North County LUP); or

2. The proposed development better achieves the resource protection objectives and policies contained in the Monterey County General Plan, accompanying Area Plans and Land Use Plans, and all applicable master plans. (Ref. Policies.)

C. A grading permit will not be issued for development of any building site in any area where it has been shown that adequate sewerage facilities and adequate water supplies cannot be provided.

D. A grading permit will not be issued if the proposed grading plan for the development contemplated does not comply with the requirements of the zoning ordinance.

E. A grading permit for levee construction shall not be issued until the proposed plans for such work are first approved by the District Engineer of the Monterey County Flood Control and Water Conservation District.

(Ord. 4029, 1999; Ord. 3454 § 1, 1990; Ord. 2799, 1981; Ord. 2534 § 106, 1979)

Whenever the Building Official determines that any existing excavation or embankment or fill has become a hazard to life and limb, or endangers property, or adversely affects the safety, use, or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Building Official, shall within the period specified in the notice repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this Chapter.

(Ord. 4029, 1999; Ord. 2534 § 107, 1979)

Except as otherwise exempted by this Chapter, no person shall do any grading, or make any cuts or fills for private road construction or cause, permit, aid, abet, suffer, or furnish equipment or labor for doing any grading, or making any cuts or fills for private road construction without first obtaining a grading permit from the Building Official. A separate permit shall be required for each site, and may cover both excavations and fills.

(Ord. 4029, 1999; Ord. 2534 § 108(a), 1979)

Two sets of plans will be required with all applications for grading permits. All applications shall be signed by owners of each parcel of property on which grading will be done. Plans and specifications shall be prepared and signed by a civil engineer when the grading is over five thousand cubic yards or a drainage structure over five square feet in flow area is required.

(Ord. 4029, 1999; Ord. 2534 § 108(b), 1979)

A. Plans shall be drawn to scale upon substantial reproducible material and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this Chapter and all relevant laws, ordinances and regulations. The location of the work, the name and address of the owner, and the parcel number of the property on which the grading is to be done shall be clearly shown on each set of plans.

B. The plans shall include the following information:

1. A statement as to the specific intentions or ultimate purpose for which the grading is being done;

2. General location of the proposed site;

3. Property lines and relative contours of the existing ground and details of terrain and area drainage;

4. Elevations, dimensions, location, extent and slopes of all proposed grading by contours or other suitable means;

5. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and the estimated runoff at the area served by any drains;

6. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within fifteen (15) feet of the property or which may be affected by the proposed grading operations;

7. A statement of the quantity of excavation and fill, and estimated starting and completion dates;

8. Specifications, when required, shall contain information covering construction and material requirements.

(Ord. 4029, 1999; Ord. 2534 § 109, 1979)

A. Application for a grading permit shall be accompanied by supporting data consisting of a soil engineering report and an engineering geology report, unless waived by the Building Official because information of record is available showing such date is not needed.

B. The soil engineering report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures when necessary, and opinions and recommendations covering adequacy of sites to be developed by the proposed grading.

C. The engineering geology report shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading.

D. Recommendations included in the report and approved by the Building Official shall be incorporated in the grading plans and specifications.

(Ord. 4029, 1999; Ord. 2534 § 110, 1979)

The issuance of a grading permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit or on the site plans and specifications approved by the Building Official.

(Ord. 4029, 1999; Ord. 2534 § 111(a), 1979)

The application, plans and specifications filed by an applicant for a permit shall be checked by the Building Official within thirty (30) days after receipt of all information required for issuance of the permit. The Building Official shall approve an application for permit if the plans filed therewith conform to the requirements of this Chapter, zoning ordinances, use permit and design review conditions and other applicable laws.

(Ord. 4029, 1999; Ord. 2534 § 111(b), 1979)

A. In granting any permit under this Chapter, the Building Official shall attach such conditions as necessary to prevent creation of a nuisance or other hazard to public or private property.

B. Such conditions may include, but shall not be limited to:

1. Improvement of any existing grading project to bring it up to the standards of this Chapter;

2. Requirements for fencing of excavations or fills which would otherwise be hazardous;

3. Haul routes for materials;

4. Hours of operation.

(Ord. 4029, 1999; Ord. 2534 § 111(c), 1979)

When the Building Official issues the permit, he or she shall endorse all of the plans and specifications as "APPROVED." Such approved plans and specifications shall not be changed, modified, or altered without written authorization by the Building Official, and all work shall be done in accordance with the approved plans.

(Ord. 4029, 1999; Ord. 2534 § 111(d), 1979)

A. One set of approved plans and specifications shall be retained by the Building Official until final approval of the work. One set of approved plans and specifications, setting forth all conditions attached, shall be kept on such grading site by the permittee at all times during which the work authorized thereby is in progress. The permit shall be kept posted so that it is easily visible.

B. Plans which have been submitted for checking and for which no permit is issued may be returned to the last known address of the applicant by the Building Official if not picked up by the applicant within one hundred twenty (120) days.

(Ord. 4029, 1999; Ord. 3312 § 2, 1988; Ord. 2534 § 111(e), 1979)

A. The permittee shall fully perform and complete all of the work required to be done pursuant to the grading permit within the time limit specified. If no time limit is specified, the permittee shall complete the work within one and one-half years after the date of the issuance of the grading permit.

B. If the permittee is unable to complete the work within the specified time, he or she shall, prior to the expiration of the permit, present in writing to the Building Official a request for an extension of time, setting forth the reasons for the requested extension. If, in the opinion of the Building Official, such an extension is warranted, he or she may grant additional time for the completion of the work.

(Ord. 4029, 1999; Ord. 2534 § 111(f), 1979)

Every permit issued by the Building Official under the provisions of this Chapter shall expire if the work authorized by such permit is not commenced within one hundred twenty (120) days from the date of such permit, or if the work authorized by such permit is commenced and then suspended or abandoned for a period of thirty (30) days, unless such suspension is approved by the Building Official. Before such work can be recommenced, a new permit shall first be obtained, and the fee therefor shall be ten dollars for a new permit for such work, provided no changes have been made or will be made in the original plans and specification for such work.

(Ord. 4029, 1999; Ord. 2534 § 111(g), 1979)

During the entire time from the date of issuance of the permit to the date of final approval for all grading operations, the permittee shall take all appropriate and necessary precautions to protect adjacent public and private property from any damage that may result from the grading operation.

(Ord. 4029, 1999; Ord. 2534 § 111(h), 1979)

Whenever the location of a property line is in question as the result of or during a grading operation, a property survey by a licensed surveyor or civil engineer may be required by the Building Official to establish the location of the property line.

(Ord. 4029, 1999; Ord. 2534 § 111(j), 1979)

The Building Official may stop grading during periods of inclement weather where weather-generated problems are not being controlled adequately.

(Ord. 4029, 1999; Ord. 2534 § 111(j), 1979)

A. The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Chapter. No permit presuming to give authority to violate or cancel the provisions of this Chapter shall be valid, except insofar as the work or use which it authorizes is lawful.

B. The issuance of a permit based on plans and specifications shall not prevent the Building Official from thereafter requiring the correction of errors in said plans and specifications or from preventing building operations from being carried on thereunder when in violation of this Chapter or of any other law.

(Ord. 4029, 1999; Ord. 2534 § 111(k), 1979)

The Building Official may, in writing, suspend or revoke a permit issued under provisions of this Chapter whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this Chapter.

(Ord. 4029, 1999; Ord. 2534 § 111(l), 1979)

Neither the issuance of a permit under the provisions of this Chapter nor the compliance with the provisions of this Chapter or with any conditions imposed in the permit issued under this Chapter shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the County, its officers, agents or employees, for damage to other persons or property.

(Ord. 4029, 1999; Ord. 2534 § 111(m), 1979)

The primary responsibility for compliance with the chapter rests on the permittee and the contractor. Any inspection of the work or materials shall not relieve the permittee of any of his or her obligations to complete the grading in accordance with the requirements of this Chapter. Work and materials not meeting such requirements may be rejected notwithstanding that such work or materials may have been previously inspected by the Building Official.

(Ord. 4029, 1999; Ord. 2534 § 111(n), 1979)

Editor's note— Ord. No. 5131, § 1, adopted June 23, 2009, repealed the former section 16.08.260 in its entirety, which pertained to fees—plan checking, and derived from Ord. No. 2534, § 112(a), adopted 1979, and Ord. No. 4029, adopted 1999.

Editor's note— Ord. No. 5131, § 2, adopted June 23, 2009, repealed the former section 16.08.270 in its entirety, which pertained to fees—grading permit, and derived from Ord. No. 2534, § 112(b), adopted 1979, and Ord. No. 4029, adopted 1999.

Editor's note— Ord. No. 5131, § 3, adopted June 23, 2009, repealed the former section 16.08.280 in its entirety, which pertained to fees—subdivision grading permit, and derived from Ord. No. 2534, § 112(c), adopted 1979, and Ord. No. 4029, adopted 1999.

A. The Building Official shall require bonds in such form and amounts as may be deemed necessary to assure that the work, if not completed in accordance with the approved plans and specifications will be corrected to eliminate hazardous conditions.

B. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the Building Official in an amount equal to that which would be required in the surety bond.

C. Cash deposits, certificate of deposit, or surety bonds in conformity with the Subdivision Map Act, Government Code Section 66499.

(Ord. 4029, 1999; Ord. 2534 § 113, 1979)

Design standards for excavations shall be as follows:

A. Slope. Cut slopes shall be no steeper than two horizontal to one vertical. Steeper slopes may be allowed if the Building Official determines they will be stable or if a civil engineer or geologist certifies that the site has been investigated and that the proposed deviation will be and remain structurally stable. The top of cut slopes may be required to be rounded off so as to blend in with the natural terrain.

B. Drainage and Terraces. Drainage and terraces shall be provided as required by Section 117.

C. Vegetation Removal.

1. If vegetation removal takes place prior to a grading operation and the actual grading does not begin within thirty (30) days from the date of removal, then that area shall be planted under the provisions of Section 16.08.340 to control erosion.

2. No vegetation removal or grading will be allowed which will result in siltation or water-courses or uncontrollable erosion.

(Ord. 4029, 1999; Ord. 2534 § 114, 1979)

Design standards for fills shall be as follows:

A. General. Unless otherwise recommended in the approved soil engineering report, fills shall conform to the provisions of this Section.

B. Slopes—Fill Location. Fill slopes shall not be constructed on natural slopes steeper than two to one unless a civil engineer or geologist devises a method of placement which will assure the fill will remain in place. Slough shall not be placed on any slope where it is likely that it will enter a drainage course. Fill slopes shall toe out no closer than twelve (12) feet horizontally to the top of existing or planned cut slopes (see Figures 3 included following this Chapter.)

C. Preparation of Ground For Fill. The ground surface shall be prepared to receive fill by the removal of topsoil and other unsuitable materials as determined by the soil engineer and, where the slopes are five to one or steeper, by keying into sound bedrock or other competent material.

D. Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials scarifying to provide a bond with the new fill, and, where slopes are steeper than five to one, and the height is greater than five feet, by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than five to one shall be at least twelve (12) feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. Where fill is to be placed over a cut, the bench under the toe of fill shall be at least ten (10) feet wide but the cut must be made before placing fill and approved by the soils engineer and engineering geologist as a suitable foundation for fill. Unsuitable soil is soil which, in the opinion of the Building Official or the civil engineer or the soils engineer or the geologist, is not competent to support other soil or fill, to support structures or to satisfactorily perform the other functions for which the soil is intended.

E. Fill Material Permitted. No organic material shall be permitted in fills except as topsoil used for surface plant growth only and which does not exceed four inches in depth. The Building Official may permit placement of imported rock over twelve (12) inches in its maximum dimension only when a civil engineer, soils engineer, or engineering geologist properly devises a method of placement, supervises its placement under continuous inspection, and provides assurance of fill stability.

F. Fill Slopes. No compacted fill shall be made which creates an exposed surface steeper in slope than two horizontal to one vertical. The Building Official may require that the fill be constructed with an exposed surface flatter than one and one-half horizontal to one vertical if he or she finds this necessary for stability and safety.

G. Compaction of Fills. All fills shall be compacted to a minimum of ninety (90) percent of maximum density as determined by the Uniform Building Code, Standard No. 70-1. Compaction tests may be required on any fill. As a minimum requirement, filed density verification must be submitted for any fill greater than twelve (12) inches in depth where such fill may support the foundation of a structure.

H. Drainage and Terraces. Drainage and terraces shall be provided in the area above fill slopes and the surfaces of terraces shall be graded and paved as required by Section 16.08.330.

I. Levees. Design plans shall be approved by a Registered Civil Engineer and be based on standards established by the Department of the Army, Corps of Engineers, as published in that agency's Engineer Manual EM1110-2-1913.

(Ord. 4029, 1999; Ord. 2799, 1981; Ord. 2534 § 115, 1979)

The tops and toes of cut and fill slopes shall be set back from property boundaries as far as necessary for safety of the adjacent properties and to prevent damage resulting from water run-off or erosion of the slopes. Retaining walls may be used to reduce the required setbacks when approved by the Building Official.

The tops and toes of cut and fill slopes shall be set back from structures as far as is necessary for adequate foundation support and to prevent damage to slopes.

Unless otherwise recommended in the approved soil engineering or engineering geology report and shown on the approved grading plan, setbacks shall be no less than shown in Table B included following this Chapter.

(Ord. 4029, 1999; Ord. 2534 § 116, 1979)

A. Drainage Facilities. Whenever a grading operation obstructs or impairs the flow of run-off through a drainage course, a suitable drainage device designed according to approved county design criteria, shall be constructed to convey the flow past the point of impairment or obstruction. The minimum size culvert is twelve (12) inches in diameter. Only material meeting industry standards shall be used.

B. Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the Building Official, if drainage facilities discharge onto natural ground, a suitable means of reducing the velocity of flow to prevent erosion will be required.

C. Setback. The toe of all side-cast material shall be kept above the high-water mark of any adjacent natural stream or manmade drainage channel.

D. Terrace. Terraces at least six feet in width shall be established at not more than thirty (30) foot vertical intervals to control surface drainage and debris. Suitable access shall be provided to permit proper cleaning and maintenance.

Swales or ditches on terraces shall have a minimum gradient of five percent and must be paved with reinforced concrete not less than three inches in thickness or an approved equal paving. They shall have a depth at the deepest point of one foot and a minimum paved width of five feet. A revegetation and maintenance plan may be approved by the Building Official in lieu of total width paving.

A single run of swale or ditch shall not collect runoff from a horizontal tributary area exceeding thirteen thousand five hundred (13,500)square feet without discharging into a down drain.

E. Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage facilities as necessary for stability.

(Ord. 4029, 1999; Ord. 2534 § 117, 1979)

All disturbed surfaces resulting from grading operations shall be prepared and maintained to control erosion. This control may consist of effective planting, such as rye grass, barley or some other fast germinating seed. The protection for the slopes shall be installed as soon as practicable and prior to calling for final inspection.

The Building Official may require watering of planted areas to assure growth.

Where it is determined by the Building Official that cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted.

Check dams, cribbing, riprap or other devices or methods shall be employed to control erosion.

Dust from grading operation must be controlled. The owner or contractor may be required to keep adequate equipment on the grading site to prevent dust problems.

(Ord. 4029, 1999; Ord. 2534 § 118, 1979)

A. All private road construction involving grading shall be done under permit pursuant to the provisions of this Chapter. The Building Official may modify these requirements for emergency access or temporary roads.

Exemption: All private single-family driveways less than fifty (50) feet in total length shall be exempt from the requirements of Subsection B of this Section.

B. In addition, all private road construction requiring grading permits shall be subject to the following requirements:

1. Width of roadbed shall be ten (10) feet minimum;

2. Minimum centerline radius shall be thirty (30) feet;

3. In no situation will road gradients be allowed greater than twenty-five (25) percent;

4. The structural section shall consist of a minimum of four inches of Class II aggregate base, except where native materials provide sufficient bearing capacity for all weather use. Additionally, one and one-half inches of asphalt concrete surfacing shall be provided where road gradients exceed fifteen (15) percent;

5. Asphalt berms are required where necessary to control drainage. Discharge shall be at points of natural waterways with energy dissipators installed where necessary to control erosion;

6. Turnouts shall be provided at least every five hundred (500) feet if the traveled way width of the roadbed is less than sixteen (16) feet.

(Ord. 4029, 1999; Ord. 2534 § 119, 1979)

A. No modifications will be permitted on previously approved plan unless prior approval in writing is obtained from the Building Official.

B. The requirements for all modifications will come under the same provisions of this Chapter.

(Ord. 4029, 1999; Ord. 2534 § 120, 1979)

If the civil engineer, the soil engineer or the engineering geologist of record is changed during the course of the work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of their technical competence for certification upon completion of the work.

(Ord. 4029, 1999; Ord. 2534 § 121, 1979)

A. All grading operations for which a permit is required shall be subject to inspection by the Building Official. The Building Official may require special testing during the grading operation to determine compliance with this Chapter.

B. When an engineer has been required to prepare plans or specifications under Section 16.08.090, he or she shall be responsible for field inspection of his or her approved plans. He or she shall certify to the Building Official when the grading operation is complete according to approved plans or specifications.

(Ord. 4029, 1999; Ord. 2534 § 122(a), 1979)

A. Prior to the completion of any grading project, the Building Official may inspect the site to determine that the grading has been completed according to the plans and specifications submitted for the permit.

B. The permittee shall notify the Building Official for the purpose of inspection:

1. Two days prior to the beginning of the work authorized by the permit;

2. When all work, including installation of all appurtenant structures, and other protective devices, has been completed.

(Ord. 4029, 1999; Ord. 2534 § 122(b), 1979)

The Building Official shall conduct such inspection as he or she deems necessary. Whenever the Building Official determines that the work does not comply with the terms of the permit, or this Chapter, or that the soil or other conditions are not as stated on the permit, he or she may order the immediate cessation of all work thereunder, and such work shall cease until such corrective measures have been completed.

(Ord. 4029, 1999; Ord. 2534 § 122(c), 1979)

Upon completion of the rough grading work and the final completion of the work, the Building Official may require the following reports and drawings and supplements thereto:

A. An as-graded plan prepared by the civil engineer, including original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities; he or she shall provide approval that the work was done in accordance with the final approved grading plan;

B. A soil grading report, prepared by the soil engineer, including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data and comments on the recommendations made in the soil engineering investigation report; he or she shall provide approval as to the adequacy of the site for the intended use;

C. A geologic grading report, prepared by the engineering geologist, including a final description of the geology of the site including any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan; he or she shall provide approval as to the adequacy of the site for the intended use as affected by geologic factors.

(Ord. 4029, 1999; Ord. 2534 § 123(a), 1979)

The permittee or his or her agent shall notify the Building Official when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices and all erosion control measures, has been completed in accordance with the final approved grading plan and the required reports have been submitted.

(Ord. 4029, 1999; Ord. 2534 § 123(b), 1979)

A. Where grading is being performed in violation of this Chapter, the site may be posted with a "Stop Work" notice and the owner of record notified of the violation in writing by personal delivery thereof to the person to be notified or by certified mail, return receipt requested, postage prepaid, stating that the owner has ten (10) days in which to correct the violation. All work shall cease immediately upon notice, and shall not begin until a valid permit has been issued therefor pursuant to this Chapter.

B. If any grading or clearing of trees and brush over that necessary for normal surveying or ongoing continued land and vegetation maintenance purposes is evident on the property as determined by field inspection prior to the grant of the permit, the Building Official or the County surveyor or the Secretary of the Planning Commission may withhold approval of the final map or other approval for a term determined by the Board of Supervisors necessary to allow proper compaction and re-establishment of the disturbed soil, covered by sufficient appropriate vegetation to prevent erosion.

(Ord. 4029, 1999; Ord. 2534 § 124, 1979)

If, in the course of fulfilling their responsibility under this Chapter, the civil engineer, the soil engineer, or the engineering geologist finds that the work is not being done in conformance with this Chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the Building Official. Recommendations for corrective measures, if necessary, shall be submitted.

(Ord. 4029, 1999; Ord. 2534 § 125, 1979)

Editor's note— Ord. No. 5170, § 3, adopted December 7, 2010, repealed the former section 16.08.450 in its entirety, which pertained to notice of violation recordation, and derived from Ord. No. 2534, § 126, adopted 1979, and Ord. No. 4029, adopted 1999.

Editor's note— Ord. No. 5170, § 3, adopted December 7, 2010, repealed the former section 16.08.460 in its entirety, which pertained to the Board of Appeals, and derived from Ord. No. 2534, § 127, adopted 1979.

Editor's note— Ord. No. 5170, § 3, adopted December 7, 2010, repealed the former section 16.08.470 in its entirety, which pertained to appeal—filing, and derived from Ord. No. 2534, § 128(a), adopted 1979.

Editor's note— Ord. No. 5170, § 3, adopted December 7, 2010, repealed the former section 16.08.480 in its entirety, which pertained to appeal—contents, and derived from Ord. No. 2534, § 128(b), adopted 1979.

Editor's note— Ord. No. 5170, § 3, adopted December 7, 2010, repealed the former section 16.08.490 in its entirety, which pertained to appeal—form, and derived from Ord. No. 2534, § 128(c), adopted 1979.

Editor's note— Ord. No. 5170, § 3, adopted December 7, 2010, repealed the former section 16.08.500 in its entirety, which pertained to appeal—acceptance, and derived from Ord. No. 2534, § 128(d), adopted 1979.

Editor's note— Ord. No. 5170, § 3, adopted December 7, 2010, repealed the former section 16.08.510 in its entirety, which pertained to appeal—action by board of supervisors, and derived from Ord. No. 2534, § 128(e), adopted 1979.

Editor's note— Ord. No. 5170, § 3, adopted December 7, 2010, repealed the former section 16.08.520 in its entirety, which pertained to violation—removal of notice, and derived from Ord. No. 2534, § 129, adopted 1979.

No building shall be constructed nor shall a permit for the construction of a building be issued on any parcel or lot graded in violation of the requirements of this Chapter, nor shall any parcel or lot be used if graded in violation of this Chapter.

(Ord. 2786, 1981)

All departments, officials, and public employees of the County of Monterey which are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this Chapter, and shall issue no such permits or licenses for uses, buildings, or purposes where the same would be in conflict with the provisions of this Chapter, and any such permits or licenses, if issued in conflict with the provisions of this Chapter, shall be null and void.

(Ord. 2786, 1981)