§ 36.18

All work for which a new vineyard and orchard development, vineyard and orchard replanting, or agricultural grading or drainage permit, or low-impact vineyard replanting registration, is required shall be subject to the following requirements.

A.

Pre-construction consultation. The permittee or registrant and the agricultural commissioner shall have a pre-construction consultation prior to the commencement of the work.

B.

Responsibility for the work.

1.

Permitee. The permittee shall be responsible for ensuring that the work is performed in compliance with the approved plans and specifications.

Registrant. The registrant shall be responsible for ensuring that the work is performed in compliance with the standards in Article 20.

C.

Notification of change in ownership. The permittee or registrant shall notify the agricultural commissioner of any change in ownership of the site prior to completion of the work.

D.

Inspection. The work shall be subject to inspection as required by the agricultural commissioner. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this chapter or other provisions of this code. Inspections presuming to give authority to violate or cancel the provisions of this chapter or other provisions of this code shall not be valid.

1.

Site access. The permittee or registrant shall provide adequate access to the site for inspection by inspectors designated by the agricultural commissioner during the performance of all work and for a minimum of three (3) years after final inspection.

2.

Special inspections and certifications. The agricultural commissioner may require special inspections and certifications to verify proper completion of the work.

a.

Type of inspections and certifications. Special inspections and certifications may include requiring: the permittee or registrant to provide a civil engineer, soils engineer, geotechnical engineer, professional biologist, professional forester, professional geologist, or other consultants to perform inspections of work in progress and to certify the proper completion of work; inspection and testing by an approved testing agency; or the submittal of periodic progress reports.

b.

Notification of noncompliance. Where the use of a civil engineer, soils engineer, geotechnical engineer, professional biologist, professional forester, professional geologist, or other consultant is required, these personnel shall immediately report in writing to the agricultural commissioner and the permittee or registrant any instance of work not being done in compliance with this chapter, other applicable provisions of this code, the department's best management practices for new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage, the approved plans and specifications, and shall also provide recommendations for corrective measures, if determined by the consultant to be necessary.

c.

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

E.

Field changes. After permit issuance, no change to the approved work shall occur without the prior written approval of the agricultural commissioner. If the agricultural commissioner determines that the changes are minor, the changes shall be shown on the as-built plans. If the agricultural commissioner determines that the changes are significant, a request for a modification to the approved plans and specifications shall be filed as provided in Section 36.16.020.D.2.

F.

Protection of utilities. As required by Government Code section 4216.2, the permittee or registrant 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 (2) working days, but not more than fourteen (14) calendar days, before the excavation starts. If practical, the excavator shall delineate with white paint or other suitable markings the area to be excavated.

G.

Stop work orders. The agricultural commissioner may order that any work performed contrary to the requirements of this chapter, other applicable requirements 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 agricultural commissioner, unless the agricultural commissioner has required and the permittee or registrant has agreed to any necessary corrective measures, and the agricultural commissioner has authorized resumption of the work in writing. A violation of a stop work order shall be punishable in compliance with Section 36.28.070.B.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

Sec. 36.18.050. - Completion of work.

A.

Final reports. Upon final completion of all work for which a new vineyard and orchard development, vineyard and orchard replanting, or agricultural grading or drainage permit is required, the agricultural commissioner may require the following plans and reports, supplements thereto, or other documentation, prepared by the appropriate professionals in the format required by the agricultural commissioner. The agricultural commissioner may also require such plans and reports at other stages of the work.

As-built plans. A set of as-built plans including original and finished contours at intervals acceptable to the agricultural commissioner, parcel drainage patterns with directional arrows, and locations and elevations of all surface and subsurface drainage facilities.

2.

Testing records. A complete record of all field and laboratory tests, including the location and elevation of all field tests.

3.

Declarations about completed work. Declarations by any civil engineer, soils engineer, geotechnical engineer, professional biologist, professional forester, professional geologist, or other consultant required by the agricultural commissioner pursuant to Section 36.18.040.D.2, that all work was done in compliance with the approved plans and specifications and the recommendations of required reports.

B.

Final inspection.

1.

Permit. No permittee shall be deemed to have complied with the provisions of this chapter until a final inspection of the work has been completed and approved by the agricultural commissioner. The permittee shall notify the agricultural commissioner when the work is ready for final inspection. Final approval shall not be given until all work has been completed in compliance with the approved plans and specifications, and all reports required by Subsection A have been submitted and accepted.

2.

Registration. No registrant shall be deemed to have complied with the provisions of this chapter until a final inspection of the work has been completed and approved by the agricultural commissioner. The registrant shall notify the agricultural commissioner when the work is ready for final inspection. Final approval shall not be given until all work has been completed in compliance with the standards in Article 20.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

Article 20. - Standards.