§ 9-812

The purpose of this Chapter is to establish permit procedures for construction grading and drainage in order to:

(a)

Allow for construction grading and drainage that will not adversely affect the environment and the public health, safety, and welfare of the county and will minimize hazards to life and property;

(b)

Ensure implementation of standards to protect against soil loss, adverse effects of flooding, and pollution of watercourses with soil and other pollutants, and protect the safety, use, and stability of public rights-ofway and watercourses;

(c)

Protect aquatic resources and wildlife habitat; and

(d)

Promote water conservation and groundwater recharge.

(a)

Permit required. A construction grading permit shall be required prior to commencing any construction grading or related work, including preparatory land clearing, vegetation removal, or other ground disturbance, except where exempted from permit requirements by Subsection (c). A separate construction grading permit shall be required for each site.

(b)

Designation and performance. Construction grading shall be designated as "regular construction grading" or "engineered construction grading" in compliance with Table 9-812.020, and shall be undertaken as follows:

(1)

Regular construction grading. Regular construction grading shall be performed in compliance with approved plans and specifications prepared by the project applicant, the property owner, or a licensed professional acting within the scope of their license.

(2)

Engineered construction grading. Engineered construction grading shall be performed in compliance with approved plans and specifications prepared by a California-licensed civil engineer.

TABLE 9-812.020: CONSTRUCTION GRADING DESIGNATION

Note:

1. The references to depths and heights for cuts and fills are between existing grade and finished grade.

(c)

Exemptions. The following construction grading activities may be conducted without obtaining a construction grading permit, provided that these activities conform to the standards in Chapter 9-704, Grading and Excavation.

(1)

Cemeteries. Routine excavations and fills for graves.

(2)

Construction grading within a public right-of-way. Where authorized by an encroachment permit, construction grading within a public right-of-way.

(3)

Emergency construction grading. Construction grading necessary to protect life or property or to implement erosion prevention or control measures, where a situation exists that requires immediate action; provided that only the volume of construction grading necessary to abate an imminent hazard may be performed prior to obtaining a construction grading permit. The person performing the emergency construction grading or the property owner shall:

(A)

Notify the Zoning Administrator and provide evidence acceptable to the Zoning Administrator of the scope and necessity of the emergency construction grading on or before the next business day after the onset of the emergency situation; and

(B)

Apply for a construction grading permit within ten days after the commencement of the emergency construction grading.

(C)

The Zoning Administrator may order emergency construction grading to be stopped or restricted in scope based upon the nature of the emergency.

(4)

Environmental remediation. Construction grading for environmental remediation ordered or approved by the County or another public agency exercising regulatory jurisdiction over a site contaminated with hazardous materials, where the ground surface is restored to its previous topographic condition within 60 days after the completion of the work. The Zoning Administrator shall be notified in writing at least 30 days prior to the commencement of such work to qualify for this exemption.

(5)

Excavations and fills for buildings or structures. Where authorized by a valid building or demolition permit, excavations below existing or finished grade for basements, and footings of buildings, retaining walls, or other structures, and fills using only material from the excavation. The placement of fill must be shown on the approved plans and specifications. Fill that is intended to support structures or surcharges may be greater than one foot in depth only if a soils report justifies the use of the fill. This exemption shall not apply to any fill that is engineered construction grading.

(6)

Excavations and fills for wells or on-site sewage disposal systems. Where authorized by a valid well or septic permit, excavations and fills for wells or on-site sewage disposal systems. The placement of fill must be shown on the approved plans and specifications.

(7)

Exploratory excavations. Exploratory excavations to investigate subsurface conditions, affecting or disturbing an area of less than 10,000 square feet and involving the movement of less than 50 cubic yards, under the direction of a California-licensed civil engineer, soils engineer, engineering geologist, or registered environmental health specialist, where the ground surface is restored to its previous topographic condition within 60)days after the completion of the work.

(8)

Landfills. Construction grading at landfills regulated by the State Integrated Waste Management Act.

(9)

Maintenance, repair, or resurfacing of existing private roads and driveways. Maintenance, repair, or resurfacing of existing, lawfully constructed private roads and driveways, where the length, width, and design capacity are not changed. This exemption shall not apply to any fill in a floodplain or floodway designated by the County.

(10)

Minor cut. A cut that does not exceed 50 cubic yards and:

(A)

Is no greater than three feet in depth, or

(B)

Does not create a cut slope greater than five feet in height and greater than two feet horizontal to one foot vertical.

(11)

Minor fill. Fill outside a flood hazard area that does not exceed 50 cubic yards or alter or obstruct a watercourse or wetland and is:

(A)

No greater than one foot in depth, placed on terrain with a natural slope no greater than 15 percent and intended to support structures or surcharges; or

(B)

No greater than three feet in depth (one foot in a flood hazard area) and not intended to support structures or surcharges.

(C)

This exemption shall not apply to any fill that is engineered construction grading.

(12)

Pipelines and utilities. Excavations and fills for pipelines, routine pipeline maintenance practices, or installation, testing, maintenance, or replacement of utility connections, distribution or transmission systems, or telecommunication facilities, on a single site or within a public right-of-way, where the ground surface is restored to its previous topographic condition within 60 days after the completion of the work. This exemption shall not apply to any fill that is used for any purpose other than restoring the ground surface to its previous topographic condition.

(13)

Public projects. Where a public agency takes full responsibility for the work, construction grading for public projects on public property, including public trails. The Zoning Administrator shall be notified in writing at least 30 days prior to the commencement of the work.

(14)

Resource conservation, restoration, or enhancement projects. Where a public agency takes full responsibility for the work, construction grading for soil, water, wildlife, or other resource conservation,

restoration, or enhancement projects. The Zoning Administrator shall be notified in writing at least 30 days prior to the commencement of the work.

(15)

Soil profiling test pits. Excavations for soil profiling test pits, where the ground surface is restored to its previous topographic condition within 60 days after the completion of the work.

(16)

Surface mining. Mining, quarrying, excavating, processing, or stockpiling rock, sand, gravel, aggregate, or clay in compliance with this Title.

(a)

Permit required. A construction drainage permit shall be required prior to commencing any construction drainage involving construction or modification of drainage facilities or related work, including preparatory land clearing, vegetation removal, or other ground disturbance, except where exempted from permit requirements by Subsection (c). A separate construction drainage permit shall be required for each site.

(b)

Designation and performance. Construction drainage involving the construction or modification of drainage facilities shall be designated as "regular construction drainage" or "engineered construction drainage" in compliance with Table 9-812.030 and shall be performed as follows:

(1)

Regular construction drainage. Regular construction drainage shall be performed in compliance with approved plans and specifications prepared by the project applicant, the property owner or a licensed professional acting within the scope of their license.

(2)

Engineered construction drainage. Engineered construction drainage shall be performed in compliance with approved plans and specifications prepared by a civil engineer.

TABLE 9-812.030: CONSTRUCTION DRAINAGE DESIGNATION

(c)

Exemptions from permit requirements. The following construction drainage activities are exempt from the provisions of this section and may be conducted without obtaining a construction drainage permit, provided that these activities shall still be subject to the standards in Chapter 9-704, Grading and Excavation.

(1)

Drainage facilities for construction grading, buildings or structures, septic systems, or within a public rightof-way. Where authorized by a valid construction grading, building, septic, or encroachment permit, construction or modification of drainage facilities for construction grading, buildings or structures, septic systems, or within a public right-of-way.

(2)

Emergency construction drainage alteration. Construction or modification of drainage facilities necessary to protect life or property, or to implement erosion prevention or control measures, where a situation exists that requires immediate action; provided that only the work necessary to abate an immediate hazard may be performed prior to obtaining a construction drainage permit. The person performing the emergency construction drainage alteration or the property owner shall:

(A)

Notify the Zoning Administrator and provide evidence acceptable to the Zoning Administrator of the scope and necessity of the emergency construction drainage alteration on or before the next business day after the onset of the emergency situation; and

(B)

Apply for a construction drainage permit within 10 days after the commencement of the emergency construction drainage alteration.

(C)

The Zoning Administrator may order emergency construction drainage alteration to be stopped or restricted in scope based upon the nature of the emergency.

(3)

Maintenance, repair, or replacement of existing private drainage facilities. Maintenance, repair, or replacement of existing, lawfully constructed private drainage facilities, where the location and design capacity are not changed.

(4)

Minor pipe and vee-ditch swale systems. Construction or modification of pipe and vee-ditch swale systems that meet all of the following criteria:

(A)

The drainage area is less than one-half acre for a smooth-walled pipe or vee-ditch swale system, or less than one-quarter acre for a corrugated pipe system.

(B)

The pipe or vee-ditch swale system is not located in the flood hazard area.

(C)

The pipe system is a single run, with a minimum diameter of eight inches and installed slopes between two and four percent or the vee-ditch swale system is made of earth, grass, or rock, with side slopes no greater than fifty percent, maximum depth of nine inches, and installed slopes between two and four percent.

(5)

Public projects. Where a public agency takes full responsibility for the work, construction or modification of drainage facilities for public projects on public property, including public trails. The Zoning Administrator shall be notified in writing at least 30 days prior to the commencement of the work.

(6)

Resource conservation, restoration, or enhancement projects. Where a public agency assumes full responsibility for the work, construction or modification of drainage facilities for soil, water, wildlife, or other resource conservation, restoration, or enhancement projects. The Zoning Administrator shall be notified in writing at least 30 days prior to the commencement of the work.

(a)

Application Requirements. Applications for construction grading and construction drainage permits may be initiated by the property owner or the owner's authorized agent. Applications shall be filed with the Community Development Department on the prescribed application forms in accord with Chapter 9-802, Common Procedures. In addition to any other application requirements, the application must include specifications, maps, reports, and other information and materials required by the department's list of required application contents for the specific type of application, and any other reports necessary to verify compliance with this chapter.

(1)

A permit application may include a request for relief from the standards in Chapter 9-704, Grading and Excavation. The request shall state in writing each standard proposed to be varied, the proposed substitute measure, when it would apply, and its advantages. The director may require additional information to evaluate the requested relief.

(2)

A fee, as specified by resolution of the Board of Supervisors, shall be required.

(b)

• Discretionary Review; Environmental Review. An application for a relief from the standards in Chapter 9 704, Grading and Excavation, is considered a discretionary permit application and is subject to environmental review under Section 9-802.060.

(a)

Findings for approval. The Zoning Administrator may approve a permit application and issue a construction grading or drainage permit when the Zoning Administrator makes the following determinations.

(1)

Ministerial approvals. A permit application shall be approved ministerially and a ministerial construction grading or drainage permit issued when the Zoning Administrator determines that the proposed construction grading or drainage complies with all the provisions of this Chapter and any applicable permit for development.

(2)

Discretionary approvals. A permit application may be approved as a discretionary action and a discretionary construction grading or drainage permit issued when the Zoning Administrator determines that:

(A)

There are special circumstances affecting the site that make the strict application of the standards in Chapter 9-704 impractical;

(B)

The proposed construction grading or drainage is consistent with the purpose and intent of the standards in Chapter 9-704 and does not diminish the health, safety, and environmental protection benefits that would be obtained from the strict application of those standards; and

(C)

The proposed construction grading or drainage complies with all other provisions of this Chapter and any applicable permits for development.

(b)

Conditions of Approval for Discretionary Permits. For approval of any application for a relief from the standards in Chapter 9-704, Grading and Excavation, the Zoning Administrator may impose any conditions deemed reasonable and necessary to protect the public health, safety, and welfare; prevent adverse environmental impacts, or the creation of hazards to site or adjacent land uses; and ensure proper completion of the work. The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(c)

Distribution and use of approved plans and specifications. The Zoning Administrator shall retain one or more sets of the approved permit and dated plans and specifications for inspection and record keeping. Two sets of the approved permit and dated plans and specifications shall be provided to the permittee. The permittee shall maintain one set of the approved permit and dated plans and specifications on the site at all times during the work.

(a)

Appeals. A decision of the Zoning Administrator on a discretionary permit may be appealed to the Planning Commission in accordance with Section 9-802.140. All other decisions of the Zoning Administrator are final and not appealable.

(b)

Expiration, Extensions and Modifications. Construction grading and construction drainage permit are effective and may only be extended or modified as provided for in Chapter 9-802, Common Procedures.

(c)

Time limits. A construction grading or construction drainage permit shall expire three years from the effective date of the permit, unless an extension has been granted in writing, provided that the Zoning Administrator may limit a permit to a lesser time period where the permit is required to abate dangerous or hazardous conditions. All work for which a construction grading or construction drainage permit is issued shall be completed and finalized prior to expiration of the permit or any extension granted.

All work for which a construction grading or drainage permit is required shall be subject to the following requirements.

(a)

Pre-construction consultation. The permittee and the Zoning Administrator shall have a pre-construction consultation prior to the commencement of the work.

(b)

Responsibility for the work. The permittee shall be responsible for ensuring that the work is performed in compliance with the approved plans and specifications and the standards in Chapter 9-704.

(c)

Notification of change in ownership. The permittee shall notify the Zoning Administrator of any change in ownership of the site prior to completion of the work.

(d)

Inspections. All work shall be subject to inspection as required by the Zoning Administrator.

(1)

Site access. The permittee shall provide adequate access to the site for inspection by inspectors designated by the Zoning Administrator during the performance of all work and for a minimum of one year after final inspection.

(2)

Type of inspections and certifications. The Zoning Administrator may require the permittee to have a California-licensed civil engineer, soils engineer, or engineering geologist perform inspections of work in progress, identify any work done that does not comply with approved plans and specifications and recommend corrective measures, as needed, and certify completion of work.

(3)

Transfer of responsibility for approval. If a required civil engineer, soils engineer, engineering geologist, or other professional is changed during the course of the work, the work shall be stopped until the permittee notifies the Zoning Administrator in writing of the change of professional and the new professional notifies the Zoning Administrator in writing of their agreement to accept responsibility for approval of the completed work within the area of their technical competence.

(4)

Field changes. After permit issuance, no change to the approved work shall occur without the prior written approval of the Zoning Administrator. If the Zoning Administrator determines that the changes are minor, the changes shall be shown on as-built plans. If the Zoning Administrator determines that the changes are major, a request for a modification to the approved plans and specifications shall be filed as provided in Section 9-802.120.

(5)

Protection of utilities. As required by Government Code section 4216.2, the permittee shall contact the Underground Service Alert (USA) prior to starting any excavation that will be conducted in an area that is known, or reasonably should be known, to contain subsurface utility installations. Contact shall occur at least two working days, but not more than fourteen calendar days, before the excavation starts. If practical, the excavator shall delineate with white paint or other suitable markings the area to be excavated.

(6)

Stop work orders. The Zoning Administrator may order that any work performed contrary to the requirements of this chapter, other applicable provisions of this code, the approved plans and specifications, or any permit conditions, or any work that has otherwise become hazardous to property or the public, be immediately stopped. It shall be unlawful and a violation of this chapter for any person to resume work that was ordered to be stopped by the director, unless the director has required and the permittee has agreed to any necessary corrective measures, and the director has authorized resumption of the work in writing.

(e)

Completion of work.

(1)

Final reports. Upon completion of all work for which a construction grading or drainage permit is required, the Zoning Administrator may require the following plans, records, and declarations to be submitted to the Department.

(A)

As-built plans. A set of as-built plans including original and finished contours at intervals acceptable to the Zoning Administrator, parcel drainage patterns with directional arrows, locations and elevations of all surface and subsurface drainage facilities, and locations of all post-development stormwater best management practices.

(B)

Testing records. A complete record of all field and laboratory tests, including the location and elevation of all field tests and any soils reports prepared for the site.

(C)

Declarations about completed work. Declarations by any civil engineer, soils engineer, engineering geologist, or other professional retained by the permittee, that all work was done in compliance with the approved plans and specification.

(2)

Final inspection. No permittee shall be deemed to have complied with this Chapter until a final inspection of the work has been completed and approved by the Zoning Administrator. Final approval shall not be given until all work has been completed in compliance with the approved plans and specifications and any materials required by Subsection (1) have been submitted and accepted.

Chapter 9-813 - Quarry Excavation Permits