Chapter 83.04 — CONDITIONAL GRADING COMPLIANCE

(a) Compliance with Conditions of Approval. The purpose of this Chapter is to ensure compliance with conditions of approval on projects involving earthwork grading.

• (b) On-Site Continuous Inspections of Grading. The provisions in this Chapter regulate on-site continuous

inspections that are required by the Building Official of grading projects or developments for which adopted conditions of approval:

• (1) Require any specific or general features to be incorporated into the earthwork; or

(2) Restrict or limit the earthwork in any way that is more restrictive than the grading provisions prescribed in the California Building Code.

• (Ord. 4011, passed - -2007)

• (a) Applicable Projects. The provisions of this Chapter apply to projects that:

• (1) Have been conditionally approved; and

• (2) Involve grading in excess of 5,000 cubic yards; and

• (3) When either of the following conditions exist:

• (A) Natural pregraded slopes of 15 percent or greater; or

• (B) Requirements for natural open space retention.

• (b) Supplement Other Applicable Grading Requirements. The provisions in this Chapter are in addition to the provisions of the California Building Code and any geotechnical investigation report recommendations.

• (Ord. 4011, passed - -2007)

(a) Independent. The quality control engineer shall not be employed by, have any relationship to, or interest in the developer, or any contracting, engineering, or geotechnical companies performing work on or providing services to the project being inspected.

• (b) Duties and Responsibilities. The quality control engineer shall:

• (1) Inspect the work in progress to ensure compliance with the conditions of approval including:

• (A) Slope ratio.

• (B) Slope height.

• (C) Slope location.

• (D) Areas of land disturbance.

• (2) Set provisions regarding:

• (A) Archeology.

• (B) Paleontology.

• (C) Landscaping.

• (D) Erosion control.

• (E) Protection of native plants and animals.

• (F) Any other conditions of approval that will control or impact grading.

(3) Report to and file reports with the Building Official as required by the Building Official. (Ord. 4011, passed - -2007)

(a) Deposit Required for Services of Quality Control Engineer. Before the issuance of the grading permit, the developer shall post a deposit with the Building Official in the amount and in the form specified by the Building Official. The deposit funds held in trust shall be dispersed to the quality control engineer by the Building Official under the terms of the agreement between the County and the quality control engineer to pay for the services of the quality control engineer.

(b) Additional Deposits Required. The Building Official shall notify the developer if and when it becomes apparent that the deposit will be exhausted and the developer shall make the additional deposit as is required by the Building Official.

(c) Suspension or Revocation of Grading Permit. If the developer fails to submit the additional deposit by the date specified by the Building Official, the Building Official shall suspend or revoke the grading permit, in compliance with the provisions of the California Building Code and order that work on the project be ceased.

(d) Refunds. Upon completion of the work, unused funds shall be returned to the developer within 60 days following the final grading and quality control inspection approvals.

(Ord. 4011, passed - -2007)

The Building Official shall have authority to adopt reasonable rules and regulations to clarify, interpret, and enforce the provisions of this Chapter. The Building Official may approve variations when the variations are not detrimental to the life, health, safety or welfare of the public and are necessary because of particular or peculiar circumstances, and will achieve the same level of protection as the original condition. Variations of the environmental conditions shall be applied for and processed in the same manner as other grading variations.

(Ord. 4011, passed - -2007)

For the purpose of the Chapter, the Building Official may retain, on behalf of the County, independent engineers to serve as the quality control engineer on projects regulated by this Chapter using a standard form contract approved by the Board of Supervisors.

(Ord. 4011, passed - -2007)

(a) Authority to Enforce. The Building Official shall have the authority to enforce the provisions of this Chapter and may use any legal means to accomplish enforcement, including:

(1) Suspending and/or revoking any permits that have been issued by the Building Official for the project, whether or not the permits are for the earthwork grading; and

(2) Withholding issuance of any permits on the project for which applications have been filed.

(b) Authority to Expend Deposited Funds. The Building Official shall have the authority to expend any remaining funds in the developer’s deposit to obtain compliance with this Chapter.

(Ord. 4011, passed - -2007)

Grading shall be conducted in the Desert Region in compliance with the provisions of § 88.02.040. (Ord. 4011, passed - -2007)