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HomeMy WebLinkAboutMINUTES - 09211999 - C52 TO: BOARD OF SUPERVISORS Cor r Caste FROM: CARLOS SALTODANO, DIRECTOR BUILDING INSPECTION DEPARTMENT 1��1'I �` DATE: September 21, 1999 SUBJECT, ADOPTION OF AMENDMENTS TO THE CONTRA COSTA COUNTY GRADING ORDINANCE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND ND JUSTIFICATION RECOMMENDATIONS ENDATIONS INTRODUCE the attached ordinance adopting changes to the grading ordinance, WAIVE reading, and SET October 12, 1999 at 9:00 a.m. for hearing and adoption. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS On June 8, 1999 the Board adopted the 1997 Uniform Building Codes and modified Title 7 of the Contra Costa County Ordinance. The changes to the grading ordinance are further amendments to Title 7 of the Contra Costa County Ordinance Code. Changes to the grading ordinance are necessary in order to conform to current standards from the California State Regional Vater Quality (Control Board's requirements to eliminate pollution (Silts) into protected waterways. These requirements are mandated by the Federal Clean Vater Act. The changes also incorporate the Federal standards for providing metric measurements. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR �RECO IVIMENDA` IOON OF BOARD COMMITTEE APPROVE OTHER ACTION OF BOARD ON_ xdfr3�C�s F. k&y -1 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE 7 UNANIMOUS(ABSENT I AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Carus Baltodano(9253335-1108) ATTEsTEC3: �°�'�?�LN!'?ri"rd• o': •f cc: County Administrator Phil Batchelor,Cleric of the Board of Supervisors County Counsel and County Administrator Community Development Pubic Works and'�'rading.ard.9-21-99 Adoption of Amendments to the Contra Costa County Grading Ordinance September 21, 1999 Page Two The intent of some of the amendments is to incorporate standardized inspection procedures similar to cities within the County. An additional charge is being proposed to increase the penalty fee in order to recapture the staff costs associated with enforcement of the grading ordinance in cases where staff'has issued a "Notice to Cease Work? or"Notice to Comply". The increase will be similar to the fees charged in the Branding Code for working without a permit. The amendments have been reviewed with an eye to providing close coordination with Chapter 13 (Foundation and Retaining Walls) of the Uniform Building Code, 1997 Edition. Staff has reviewed the applicability of the California Environmental Quality Act (CEQA) and has determined that the adoption of the ordinance is not subject to CEQA under Section 15061(b)(3) of the Mate LECA guidelines. In adoption of the grading ordinance it can seen with certainty that the review of grading plans will not significantly affect the environment. CONSEQUENCES OF NEGATIVE ACTION The goal of staff has been to develop one updated Title 7 for the Contra Costa County ordinance code. if action is not taken to have one integrated Title 7 inconsistencies between the existing grading ordinance and the recently adopted Uniform Building Code will remain. This may lead to different staff interpretations and general confusion to the public, __ (Title 7- GRADING) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): [Gov. C. § 25120] SECTION 1. SUMMARY. This ordinance makes changes to the grading ordinance to conform to current standards and to rename the Director of Building Inspection as the County wilding Official. [§ 25129]. SECTION 11. Section 716-2.408 of the County Ordinance Code is amended,to read: 716-2.408 Building Official. The County Building Official is the Director of the Building Inspection Department or his or her duly authorized deputy charged with enforcement of this division. (Orris. 99-_§_: 69-59 § 1 (part), 1969.) SECTION III. Section. 716-2.804 of the County Ordinance Code is amended to read: 716-2.804 Administration m Interpretation. The County Building Official is authorized to issue bulletins to interpret or clarify the administrative and technical details of this division. (Ards. 99-- § _____: 69-59 § 1 (part), 1969.) ECTI N'IV. Article 716-2.1€1 of the County Ordinance Code is amended to read: Article 716-2.10 Nuisance Abatement 71.5-2.1002 Nuisance abatement. Any excavation or fill which the County Building Official finds is a menace to life, limb or property or adversely affects the safety,use or stability of a public xray or drainage way or channel is declared to be a public nuisance,and in addition to any other remedy available under the law, may be abated pursuant to Article 14-6.4. (Orris. 99- § 88-88 § 15, 69-59 § 1.) ORDINANCE 99- 1 SECTION V. Article 716-4.2 of the County Ordinance Code is amended to read: Article 716-4.2 Required 716-4.202 Required - Generally. (a) Except as specified in Sections 716-4.202 through 716-4.208,no person shall.grade without having a valid permit as provided in this chapter. (b) Notwithstanding the previsions of Section 716-4.208, a permit is required for all subdivisions as defined in Title 9,and all other protects for which a governmental agency has specified a permit as being required as a condition of approval. (c) A separate permit is required for work on each site; unless the sites are contiguous and the entire area is included in the plans accompanying the application. (d) Grading permits for work on property on which a subdivision or development requiring approval of a tentative map is proposed shall not be issued until reviewed by the public works department for compliance with the requirements of Title 9. (e) For grading permits involving one thousand cubic yards (764.5 cubic meters)or more of material not required as part of other entitlement permit: (1) Notice. Before the building inspection department decides any application pursuant to this article, the building inspection department shall snail or deliver notice of intent to decide the application pursuant to the notice provisions of Section 26-2.2004. The notice shall state the last day to request a public hearing on the application(which shall be not less than tern days after date of mailing or delivery), the general nature of the application, and the street address, if any, of the property involved or its legal or boundary description if it has no street address. (2) Hearing required. If, within ten calendar days after mailing or delivery of the notice of intent, a written request for public hearing is filed with the building inspection department, it shall schedule a public bearing before the zoning administrator on the application in accordance with applicable provisions of Chapter 26-2 and snail notice thereof to the applicant,the owner and any other persons requesting a hearing. (Ords. 99- _ §®: 89-33 § 2, 69-59 § I (part).) 71.6-4.204 Required -Minor grading excepted. A grading permit is not required for: (a) An excavation which meets all of the following requirements: (1) Is less than five feet(1.524 meters) in depth below natural grade and is adequately supported by a retaining structure designed and constructed in accordance with Division 74; (2) Does not create a cut slope greater than seven feet(2.134 meters)in height and steeper than one vertical to two horizontal; and (3) Does not exceed two hundred cubic yards (152.92 cubic meters). (b) A fill which meets all of the following requirements: (1) Is not intended to support structures; (2) Does not obstruct a drainage course; (3) Is placed on natural grade that has a slope not steeper than one vertical to five ORDINANCE 99- 2 horizontal; (4) Is less than gree feet(0.914 meters) in depth at its deepest point,measured vertically upward from natural grade to the surface of the fill; and (5) Does not exceed two hundred cubic yards(152.92 cubic meters). (c) Minor land leveling for agricultural farming, if the average ground elevation is not changed more than three feet(0.914 meters). (d) Cemetery graves. (Ords. 99-_ § _: 86-25 § 2, 69-59 § I (part).) 716-4°246 Required -Types of grading excepted.' A grading permit is not required for: (a) An excavation below finished grade for basements and footing of structures authorized by a valid building permit or trench excavations for the purpose of installing underground utilities, if to be backfilled to natural grade; (b) Mining,quarrying,excavating,processing,stockpiling of rock, sand, gravel, aggregate,or clay, for which a permit has been granted by the planning agency, provided that such operations do not affect the lateral support or increase the stresses in,or pressure upon,any adjacent or contiguous property; (c) Improvement of watercourses and construction of drainage, irrigation, and domestic water supply systems and facilities performed under the supervision of the flood control district, an agency of the federal or state government, a water or sanitation district, or an irrigation or reclamation district; (d) The construction, repair and maintenance of levees for river and local drainage control perfor-ned by a governmental agency; (e) Defuse and garbage disposal sites controlled by other regulations; (f) Emergency work, as authorized by the County Building Official,necessary to protect life, limb or property, or to maintain the safety,use or stability of a public way or drainage way. (Ords. 99-^§ _: 69-59 § I (part).) 716-4.248 Required - Other exceptions. A grading permit is not rewired for: (a) Excavations for installation of underground storage tanks where the capacity of the tank does not exceed twenty thousand gallons(7115,700 Liters); (b) Grading in an isolated, self-contained area if the County BuildingOfficial determines that no danger to private or public property is likely to result from the grading operations; (c) The structural section of subdivision streets in tracts for which subdivision improvement plans have been reviewed by the public works department and the work is being inspected by that department under'Title 9; (d) Temporary local borrow pits for road materials and top soil for landscaping situated within a larger ownership being subdivided into smaller tracts„ if the material is being used entirely within the tracts being subdivided, and if the excavations do not endanger properties under other ownerships or create a public nuisance or safety hazard. The lana shall be graded to comply with this division on cessation of excavation within the pit areas; 0 For drswwge permits,sin Contra Costs County£3rd#Hance Cope Can.1010-9 ORDINANCE 99- 3 (e) 'Temporary stockpiles of top-sail materials rewired for landscaping lots being graded in the immediate area for building purposes if the stockpiles are not placed within a public right- of-way,do not obstruct drainage ways, are not subject to erosion which will cause silting problems in drainage ways, do not endanger other properties, and do not create a public nuisance or safety hazard., as determined by the building official. The land shall be graded to comply with. this division after removal of stockpiles; (f) Fire trails, and access roads to public utility gas and electric transmission lines. (Ords. 99-_ § 69-59 § 1 (part), 1969.) SECTIO V1. Article 716-4.6 of the County Ordinance Code is amended to read: Article 716-4.6 Plans and Specifications 716-4.642 Playas and specifications -Required. With each application for a permit and when required by the County Building Official for enforcement of any provisions of this code, four(4)sets of playas and specifications shall be submitted. Except as waived by the County Building Official for small and unimportant work, the plans shall be prepared and signed by a civil engineer or architect and shall contain the items set forth in Sections 716-4.6€14 - 716-4.608, plus any additional material which the County wilding Official deems necessary to show conformance of the proposed grading with the requirements of this division and other related ordinances. (Orris. 99 § ____: 69-59 § 1 (part), 1969.) 716-446€14 Plans and specifications - Contents. Plans and specifications shall contain: (a) A vicinity sketch or other means of adequately indicating the site location; (b) Boundary lines of the site; (c) Each lot or parcel of land into which the site is proposed to be divided; (d) The location of any existing buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on adjacent land which may be affected by the proposed work; (e) Accurate contours showing the topography of the existing ground and (f) Sufficient information to demonstrate compliance with chapters 816-4 and 816-6 (tree preservation). (Ords. 99-- §_: 69-59 § 1 (part), 1969.) 716-4.6€16 Plans and specifications- Requirements. Plans and specifications shall also show: (a) All of the proposed uses of the site and, if the site is to be divided,the proposed use of each lot or parcel of land; (b) Elevations, location,extent and slope of all proposed grading shown by contours, cross-sections or other means and location of any rock disposal areas, buttress fills or other special features to be included in the work; (c) Detailed plans of all drainage systems and facilities, walls, cribbing, or other erosion protection devices to be constructed in connection with, or as a part of the proposed work, together with a snap showing the draining area and estimated runoff of the area served by any ORMNANCE 99- 4 drainage systems or facilities. (Orris. 99-- § 69-59 § I (part), 1969.) 716-4.608 Plans and specifications-Statements required. Plans and specifications shall also contain: (a) a statement of the quantities of material to be excavated and/or filled and the amount of such material to the imported to, or exported from the site; (b) a statement of the estimated starting and completion dates for work covered by the permit; (c) A promise signed by the owner, or his authorized agent, that a civil engineer, soil engineer and/or engineering geologist will be employed to give technical supervision or make inspections of the work,whenever approval of the plans and issuance of the permit is to be based on the condition that such professional person be so employed; (d) Routes of travel to be used for trucks hauling material to and from the site; (e) Hour and days of work approved by the County Building Official the Zoning Administrator, or the appropriate governing body. (Ords. 99-- §_: 69-59 §', I (part), 1969.) SECTION VII. article 716-4.8 of the County Ordinance Code is amended to read: Article 716-4.8 Reports 716-4.802 Reports -Engineering geological. The County Building Official, may require an engineering geologist's investigation and report, based on the most recent plan. The engineering geological report shall include an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geologic conditions on the proposed development. (Ords. 99-_§ _. 69-59 § I (part), 1969.) 716-4.804 Reports w Soil. (a) The County Building Official may require a sail investigation and report based on the most recent plan. (b) The preliminary sail report shall be prepared by a soil engineer based upon adequate test borings or excavations. The report shall indicate the presence of critically expansive soils, or other soils problems,which if not corrected would lead to defects in structures, buildings or other improvements; and when it so indicates, it shall further report on an investigation of each lot of the development including recommended corrective action which is likely to prevent such defects or damage to each building, structure or improvement to be constructed. (c)The preliminary soil report shall also contain: (1) Reports on the suitability of the earth material for construction of stable embankments and excavation slopes, including those necessary for any artificial or natural drainage channels; (2) Recommendations for construction procedures to obtain required stability; (3) Maximum design velocities for any natural or artificial drainage channel; and (4) Any other recommendations concerning slides,unstable soil conditions, springs and seepage conditions,erosion control planting,or drainage facilities to enable ORDINANCE 99- 5 proper development of the site. (d) The preliminary soil report shall be prepared on eight and one-half inch(2 10 millimeters)by eleven inch(297 millimeters)paper of durable quality and any maps or documents which accompany the report shall be of a convenient size and scale to fold to eight and one-half inch(2 10 millimeters)by eleven inches(297 millimeters). (Ords. 99-- § _: 69- 59 § 1 (part), 1969.) 716-4.806 Reports -Review. All reports shall be subject to review by the County Building Official. Supplemental reports and data may be required as he may deem necessary. Recommendations included in the reports and approved by the building official shall be incorporated in the development plan or specifications. (Orris. 99-_§_: 69-59 § 1 (part), 1969.) SECTION VIII. Article 716-4.10 of the County Ordinance Code is°amended to read: Article 716-4.10 Fees 716-4.10€12 Fees- Generally. The applicant shall pay the County Building Official the fees set forth in sections 716-4.1006 - 716-4.1016 on applying for a permit. (Ords. 99-_ § 69-59 § 1 (part), 1969.) 716-4.1006 Fees-Permit. A permit fee is payable on issuance of a permit, in an amount set by fee schedule adopted by the Board of supervisors. Additional permit fees may be payable for retaining walls, cribbing,drainage facilities and structures, off-site transportation, and hauling. (Ords. 99-- §_: 69-59 § 1 (part), 1969.) 71.6-4.1010 Fees m Permit transfer. A permit transfer fee often dollars ($10.00) is payable when transfer of the permit is approved by the County Building Official (Orris. 99 § 69-59 § 1 (part), 1969.) 7164.1012 Fees-Penalty. Where work for which a permit is required by this division is started or proceeded.with,prior to issuance of a permit, and a`Notice to Cease Work" or "Notice to Comply"(NTC)has been issued, an additional fee equal to one hundred(100)percent of the total permit fee, shall be paid at the time of application. (Ords. 99-- §_: 69-59 § I (part), 1969.) 716-4.101.4 Fees- site investigation and evaluation. A site investigation and evaluation fee of thirty ($30.€343) dollars shall be paid when a site investigation and evaluation is requested prior to application for a grading and/or building permit. (Orris. 99'-_ § 83-59 § 1 (part), 1993.) 7164.1016 Fees-Refunds. (a) Filing fees,permit transfer fees,penalty fees and site investigation fees shall not be refunded. ORDINANCE 99- 6 (b) In cases of a reduction of planned work, the approval of an amended permit therefor by the County Building Official,and satisfactory completion of the work covered by the permit, the permittee may apply to the County Building Official within thirty days after issuance of the certificate of completion for a refund of that portion of-the permit fee which would not have been required for a permit based on the revised cost of the work in the amended permit. (Orris. 99-- § _: 69-59 § I (part), 1969.) SECTION IX. Article 716-4.12 of the County Ordinance Code is amended to,read: Article 716-4.12 Performance Bond 716-4.1202 Performance bond - Required." If the County Building Official, determines that the proposed work involves more than fifty thousand cubic yards(35,230 Cubic Deters) and will not be completed before the rainfall months, or that the nature of the proposed work is such that if left incomplete it will interfere with any natural or artificial drainage or will endanger adjoining property or a street, or will create a hazard to human life or any property or street, the owner shall furnish a bond, whether cash or corporate surety bond at his option (but five hundred dollars($500.00) of every bond must be in cash), in a form approved by the County Counsel or an instrument or instruments of credit approved by the County Counsel from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to meet the perfon-nance are on deposit and guaranteed for payment on demand and agreeing that the funds designated by the instrument shall become trust Bands for the purposes set forth in the instrument. (Orris. 99-_ § _: 69-59 § I (part), 1969.) 716•-4.1204 Performance bond -Amount. (a) The amount of bond shall be based upon the number of cubic yards (cubic meters)of material in either excavation or fill, whichever is greater, plus the cost of all drainage and other protective devices or work necessary to eliminate geological hazards. That portion of the bond valuation based on the volume of material in either excavation or fill shall be computed as set forth in the following table: Ten thousand cubic yards(7646 cubic meters)or less, one hundred (100)percent of the estimated cost of grading work; Over ten thousand cubic yards(7546 cubic meters),one hundred (100)percent of the cost of the first ten thousand cubic yards(7646 cubic meters), plus fifty(50)percent of that portion in excess of ten thousand cubic yards(7646 cubic meters). (b) When the rough grading has been completed in conformance with the requirements of this code, the County Building Official may at his discretion consent to a proportionate reduction of the bond to an amount estimated to be adequate to insure completion of tete grading work., site development or planting remaining to be performed. The costs referred to in this section shall be as estimated by the County Building Official. (Ords. 99-_§',_: 69-59 § I (part), 1969.) 9 For ccunry ccunse?,sae COtltta Cess County Onliname Coda Nv.Ch.24-'2. ORDENI ANCE 99- 7 7164.1206 Performance bond - Conditions. Every bond shall include the conditions that the principal shall comply with all the provisions of this code,applicable laws and regulations, .and all of the terns and conditions of the permit; but no extension','of time under the permit shall release the surety upon the bond. (Ords. 99-_§ `: 69-59 § 1 (part), 1969). 716-4.1208 Performance bond -Term. The terra of each band shall begin on the date of its posting and shall end on the satisfactory completion of the terms and conditions of the permit as evidenced by a certificate of completion,a copy of which will be sent to any surety on request. (Ords. 99-- § _: 69-59 § 1 (part), 1969.) 716-4.1210 Performance bond - Notice of default. Whenever the County wilding Official finds that a default has occurred in the performance of any tern or condition of any permit, he shall give written notice thereof to the principal and surety on the bond, stating the work to be done to achieve a safe and satisfactory condition, its estimated cost, and the period of time he deems reasonable necessary to complete the work. (Ords. 99-_§ 69-59 § 1 (part), 1959.) 716-4.1212 Performance bond- Dirty of surety. After receiving a notice of default, the surety shall have the rewired work performed within the time specified in'the notice. (Ords. 99-_§ _: 59-59 § 1 (part), 1969.) 716-4.1214 Performance bond - Disposition of cash bond. if a cash band has been posted and the notice of default has been given to the principal, and if the principal does not comply with the notice within the specified time,the building official may use the deposited cash to have the required work done,by contract or other means discretionary with',the County Building Official the balance, if any, of the deposit shall be returned to the depositor when the work is complete, after deducting the cost of the work. (Ords. 99— §_____.: 6959 § 1 (part), 1969<) 716-4.1216 Performance bond -Right of entry of County Building Official. (a) If the County wilding Official finds that a default has occurred in the performance of any tern or condition of the permit,the surety or the County Building Official or any person employed or engaged on behalf of either shall have the right to go on the site to complete the required work or make it safe. (b) No person shall interfere with or obstruct the ingress or egress to or from the site by any authorized representative or agent of any surety or of the county engaged in completing the work required under the permit or in complying with the terms or conditions of the permit. (Ords. 99m_ § _. 59-59 § 1 (part), 1959.) SECTION X. Article 716-4.14 of the County Ordinance Code is amended to read: Article 716-4.14 .Additional Requirements ORDINANCE 99- 8 716-4.1442 plan checking. On receiving a properly completed application and accompanying plans,other data, and twenty-five (25)percent of the total fees,the building official shall review the application and plans and make the field review to determine site conditions; and within ten (10)working days of such receipt he shall notify the applicant of the approval or denial of the permit. (Orris. 99-_§_: 69-59 § 1 (part), 1969.) 716-4.1404 Limitation by application. The issuance of a permit shad constitute an authorization to do only that work which is described or illustrated on the application for the permit, or on the development plans and specifications approved by the County Building Official. (Orris. 99m_ § _: 69-59 § 1 (part), 19+59.) 716-4.1406 Jurisdiction of other agenci these indemnitee in any clam or action arising out of or as a result of the work done under this permit.;; (Orris. 99--§_: 69-59 § 1 (part), 1969.) 716-4.1414 Approval of application. (a) Applications in which the design meets the requirements of this division and the construction is deemed not detrimental to adjoining properties or to the public interest shall be approved. When all fees and bonds are posted, a permit shall be issued, and the approval and issuance shall be noted on the application and plans. (b) Applications and plans found inadequate or not in compliance with these regulations shall not be approved until revised to conform to the conditions and regulations prescribed under this division.. (Ords. 99-_ § 69-59 § 1 (part), 1969.) 716-4.1416 dejection of application.` (a) Hazards: The County Building Official shall not issue a permit in any case where he finds that the work as proposed by the applicant is likely to adversely affect the stability of adjoining property or result in the deposition of debris on any public way or interfere with any existing drainage course or be in an area determined to be subject to geological hazard. If it can be shown to the satisfaction of the County Building Official that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices, or by other means, he may issue the permit with the condition that such work be performed. a (b) Land Use: The County Building Official shall not issue a grading',permit for work that will not comply with all provisions of Title 8 and any conditions imposed by the planning agency on approval of the use. (c) Existing Building or Zoning Code Violations: The County Building Official shall not issue a permit under this title if any building or zoning code violations exist on the site. (d) Rejection and Revisions: Rejection of the application or pians shall be considered a denial of the permit. However,denial of a permit based on insufficient or inadequate plans shall not preclude the applicant from submitting a revised application or revised plans in connection with a pending application. (e) Expiration and Renewal: Applications shall be considered pending until a grading permit is issued,denied,or withdrawn,but an application shall expire ninety(90)days from the date of its fling. An expired application may be renewed or a new application filed on payment of a new ding fee. (Orris. 99 §_: 69-59 § 1 (part), 1969.) 716-4.1418 Consent of adjacent property owners. Whenever any portion of the work requires entry onto adjacent property for any reason, the permit applicant shall obtain the written consent of the adjacent property owner or his authorized representative, and shall file a copy of the consent with the County Building Official before a permit for such work may be issued. (Orris, 99-_§_: 69-59 § 1 (part), 1969.) 716-4.1420 Jobpians. When an application is approved and a permit issued,one(1) set For appeals from ac?lan cf-he county Buitding Official,see -�Contt:as Costa County Ordinance Code§79.8-2.?COB. +} ORDENI AI�CE 77— }0 of plans and accompanying documents shall be clearly marked as reviewed and shall be returned to the applicant. This set shall be kept available for reference at the job site during grading and construction. The applicant may furnish additional sets of plans and documents for notation as reviewed for return to the applicant for his use. (ards. 99-_ § _: 69-59 § 1 (part), 1969.) 716-4.1422 Posting required, The permit shall be posted securely in a conspicuous location on the site. (Ords. 99-_§_: 69-59 § 1 (part), 1969.) 71.6-401424 Amendment. (a) All changes in the plans, grades, or extent of work shall be submitted to the County Building Official for written approval and incorporation into the permit, accompanied by any necessary fees, before any change in the approved work is begun. The County Building Official may amend the permit to approve altered:plans,'or may deny approval of the changes. (b) Failure to obtain prior approval for any change in the work shall be cause for the County Building Official to order suspension of all work until approval is obtained, and may result in revocation of the permit if he deems the changes will increase the hazard to adjoining properties or public reads, or otherwise be detrimental to public welfare. (Crds. 99-_ §_: 69- 59 § I (part), 1969.) 716-401426 Time extensions Before the expiration of a permit,the applicant may apply for an extension of time in which to complete.the work. One(1)extension of time may be granted by the County Building Official if in his judgment the public welfare is not impaired. the extension shall be for a period the County Building Official deems appropriate, but not longer than one(1)year. Denial of an extension shall not preclude the permittee from applying for a new permit for the balance of the work, subject to conditions the building official deems appropriate. The applicant shall file the surety's written consent to any extension of time before approval is effective. (Orris. 99-_ §_: 69-59 § I (part), 1969.) 716-4.1428 Transfer. (a) Any transfer of a permit from the permittee to another person shall be ineffective and void unless approved by the County Building Official. (b) The transferee shall agree to comply with the requirements and conditions of the original permit and to any modification thereof that may be required because of changes in the condition of the site or change in plans since the permit was issued. The transferee shall furnish the required sureties before the transfer of the permit will be approved, (Ordso 99-T §_: 69-59 § I (part), 1969.) 716-4.1434 Suspension and revocation. (a) Grounds: A permit may be either suspended or revoked if the County Building Official finds that: (1) Conditions at the site vary appreciably from those shown and stated in the application and development plans, (2) Grading or construction does not conform to the approved',plans,grades or other conditions of the permit; (3) Cessation of work before completion has left the site in a condition hazardous to the public or to the adjacent properties,and the permittee has not complied with ORDINANCE 99- 11 reasonable requirements for completion of the work within the time specified in the permit or an approved extension of time; (4) The permittee does not comply with reasonable requirements to safeguard the workmen,the public, or other persons acting in a lawful manner, during grading or construction operations; (5) In transporting materials or in the operation of equipment the applicant causes materials or litter to encroach, obstruct, or be deposited on pavement or in drainage channels within the public right-of-way, or causes unauthorized obstruction or diversion of drainage channels within the site area;or (6) Failure to have a qualified inspector working under the soil engineer on the site during grading or construction when required. (b) Procedure: The County wilding Official shall suspend or revoke a permit by making a written finding and order; and he may seize the permit and/or make appropriate notations on it of the suspension or revocation. Upon the written order of the wilding official, any suspended permit may be either reinstated or revoked. (c) Effect of Revocation: Whenever a permit has been revoked, work on the site shall not begin again until a new application incorporating the necessary revisions in plans or methods of operation required to fulfill the intent of this division and in accordance with these regulations, has been approved by the County wilding Official. (Ords. 99 §_: 69-59 § 1 (part), 1969.) 716-4.1432 Notice of stop work. On issuance of a written notice to cease work., the permittee shall immediately cause all grading and hauling connected therewith to cease until written permission is received from the County Building Official allowing the permittee to proceed after correcting the objectionable conditions or operations to eliminate the hazard or encroachment and to prevent recurrence of the situation. (Orris. 99-_ § _: 69-59 § 1 (part), 1969.) E TICK XI$, Chapter 716-6 of the County Ordinance Code is amended to read: Chapter 716-6 Control of Work. 716-6.002 County inspection. The County Building Official and other authorized county representatives may,with the consent of the owner or permittee or as allowed by the terms of the permit, enter the site at all times to inspect its condition and the methods of operation and to check or test any feature or operation involved in fulfilling the conditions of the permit. (Ords. 99--§ 69-59 § l (part), 1969.) 716-6.004 Supervised or regular development work defined. All work involving a fill intended to support structures, or grading where the County Building Official determines special conditions or unusual construction hazards exist, shall be performed under the inspection of civil engineer and/or soil engineer and shall be designated "supervised development work.." ORDINANCE 99- 12 Work other than supervised development shall be designated"regular development work." (Ords. 99 §_: 69-59 § I (part), 1969.) 716-6.406 Regular development requirements. (a) The County Building Official, upon notification from the permittee or his agent, shall inspect the work at the following stages of the work and shall either approve the portion then completed or shall notify the permittee or his agent wherein it fails to comply with the requirements of this division: (1) Initial: When the site has been cleared of vegetation and unapproved fill and has been scarified„ benched or otherwise prepared and before any fill is placed, (2) hough: When rough grading has been completed and approximate final elevations have been established; drainage terraces, swales and other drainage devices graded ready for paving; and beans installed at the top of slopes; (3) Final': When work has been completed, all drainage devices,systems and facilities installed and slope planting established. (b) In addition to the called inspections specified above,the County Building Official may: (1) Make such other inspections as he deems necessary to determine that the work is being performed in compliance with the requirements of this division; and (2) Require investigations and reports by a soil engineer anchor engineering geologist. (Ords. 99 § _: 69-59 § I (part), 1969.) 716-6.008 Supervised development requirements. (a) It shall be the responsibility of the sail engineer and/or civil engineer to inspect the operations and provide qualified full-time inspection,to assure compliance of the work with the approved development dans and with the requirements of this division. Periodic progress report shall be submitted as required by the building official and shall certify in writing to the satisfactory completion of work specified in Section 716-6.006. (b) The soil engineer shall submit compaction data and soil engineering recommendations made during the development operation to the County Building Official. (c) The civil engineer shall submit inspection reports regarding drainage facilities, lot drainage, finish grades,to the building official. (d) The engineering geologist shall submit inspection reports regarding geological conditions to the building official. (Ords. 99-_§ _:69-59 § 1 (part), 1969.) 716-6.410 Notification of noncompliance. If the sail or civil engineer finds that the work is not in conformance with this division or with the pians approved by the County Building Official,or with good accepted practices, he shall immediately notify the permittee and the building official in writing of the nonconformity and of the corrective measures to be taken. (Orris. 99-T §`. 69-59 § I (part), 1969.) 716-6.012 Termination of services. If the civil engineer or the soil engineer or the geologist is relieved of or otherwise terminates lois duties prior to completion of the work shown on the grading plans,he shall report the fact in writing to the County Building Official within forty-eight( S)hours with a report on the status of the work. (Ords.39-�§_: 69-59 § 1 ORDINANCE 99- 13 (part), 1969.) 716-6.014 Safety precautions. In addition to the requirements of the permit, the permittee shall comply with all lays,ordinances and regulations of the state and county, and regulations of the Mate Department of Industrial Relations, Industrial Accident Commission, relating to the character of the work, equipment, and labor personnel involved',in the project. (Ords. 99-_ §_: 69-59 § 1 (part), 1969.) 716-6.016 Cessation of work. If the applicant ceases work for any reason before the work is completed,he shall take all necessary steps to leave the premises in a condition that will be safe and will not cause damage to adjoining properties or to the public roads or to any natural or artificial drainage facilities through erosion of materials, landslides,or other instability of slopes and materials. (fords. 99-_ § _: 69-59 § I (part), 1969.) 716-6.018 Completion of work. The County Building Official shall issue a certificate of completion upon satisfactory completion of work wader an approved permit. (Orris. 99-- § 69-59 § I (part), 1969.) SECTION XII. Article 716-8.2 of the County Ordinance Code is amended to:read: Article 716-8.2 Excavations 716-8.2€I2 Excavations -Maximum slope. Cuts shall not be steeper in slope than one vertical to two horizontal unless the applicant furnishes a soil engineering or an engineering geology report,or both,certifying Haat the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property. The County wilding Official may require the excavation to be made with a cut face flatter in slope than one vertical to two horizontal if he finds it necessary for stability and safety. (fords. 99-_ § 69-59 § I (part), 1969.) 716-8.204 Excavations - Drainage terraces. Cut slopes exceeding forty(40) feet in vertical height shall have drainage terraces not less than five(5) feet(1.524 meters) in width, measured from the outer edge of the terrace to the invert of the drain,at vertical intervals not exceeding thirty(3 0) feet(9.144 meters) except Haat where only one such terrace is required it shall be located at raid-height. For cut slopes exceeding one hundred(100) feet(30.48 meters) in vertical height,fhe drainage terrace near raid-height shall be not less than twelven(12) feet (3.657 meters) in width. Resign and construction of drainage terraces shall conform to the requirements of Section716-8.602 - 716-8.614. (Ords. 99-- §_.____: 69-59§ 1'(part), 1969.) 716-8,2€16 Excavations Conformance to existing terrain. Cut slopes shall be rounded off at the top and toe to blend and confonn to existing terrain. (Ords. 99-_§_: 69-59 § 1 (part), 1969.) ORDINANCE 99- 14 716-8.208 Excavations-Variations. Variations from.the regulations in Sections 716- 8.232 - 716-8.206 may be allowed by the County Building Official if they will provide equivalent safety,stability, and protection against erosion, as recommended by a soil engineer or engineering geologist. (Ords. 99-_ § _: 69-59 § 1 (part), 1969.) SECTION XIII, Article 716-8.4 of the County Ordinance Code is amended to read: Article 715-8.4 Fills 716-8.402 Fills -- Compaction. Except as provided below, all fills shall be compacted throughout their full extent to a minimum of ninety(9€1)percent of maximum density. Meld density shall be determined by a method acceptable to the building official (Ards. 99-_§ 69-59 § 1 (part), 1969.) 715-8.404 Ellis -Special compaction. Compaction may be reduced to eighty-five(85) percent of maximum density, as determined by the above test, within the outer eight(8) inches (243.3 millimeters)of fill slope surfaces when such compaction is provided by grid rolling or equivalent means. (Ords. 99- § _: 69-59 § 1 (part), 1969.) 716-8.406 Fills m Nonstructural. Fills not intended to support structures, subdivision streets or improvements need not be compacted to these standards if the County Building Official determines that such compaction is unnecessary as a safety measure. In making this determination,the County wilding,Official may require that an investigation be made by an approved soil testing agency to establish the characteristics of the soil,the amount of settlement to be expected and the susceptibility of the soil to erosion or slippage. (Ords. 99-_ §_: 69-59 § 1 (part), 1963.) 716-8.408 Fills- Planted slopes. Slope surfaces may be prepared for planting by scarifying,by addition of top soil, or by tither methods, if such loose material sloes not exceed a depth of three(3)inches(75.2 millimeters) and said slopes otherwise comply with the requirements of Sections 716-8.432- 716-8.424. (Orris. 99-_§ —59-59 § 1I(part), 1969.) 716-8.410 Fills m Preparation of ground. The natural ground surface shall be prepared to receive fill by removing vegetation or other incompetent material. Where the slope of the natural grade is one vertical to five(5)horizontal or steeper, the fill shall be supported on benches cut into competent material. (Ords. 99-- § ____: 69-59 § 1 (part), 1969.) 7.16-8.412 Fills'm Slope. Compacted fill shall not create an exposed slope surface steeper than one (1)vertical to two(2)horizontal. The County Building Official may require a flatter slope if necessary for stability and safety. Slopes of fills which are not compacted in accordance with Sections 716-8.4€12 - 716-8.408 shall not exceed three horizontal to one vertical. (Ords. 99- _ _§.._.< 69-59 § 1 (part), 1969.) ORDINANCE 99- 15 716-8.414 Fills Material. No organic or ether reducible material shall be incorporated in fills. Except as recommended by the sail engineer and approved by the County Building Official no rock or similar irreducible material with a maximum dimension greater than eight(8) inches (203.2 millimeters) shall be buried or placed within forty-eight(48) inches(249.4 millimeters)of finish grade. (Orris. 99-_ § _: 69-59 § 1 (part), 1969.) 716-8.416 Fills -Drainage terraces. Fill slopes exceeding thirty(30) feet(9.144 meters) in vertical height shall have drainage terraces not less than five(5) feet(1.524 meters) in width.,measured from the outer edge of the terrace to the invert of the drain, at vertical intervals not exceeding twenty-five(25) feet(7.62 meters) except that where only one such terrace is rewired it shall be located at mid-height. For fill slopes exceeding one hundred(100)feet(34.8 meters) in vertical height, the drainage terrace near mid-height shall be not less than twelve(12) feet(3.6578 meters)in width. Design and construction of drainage terraces shall conform to the requirements of Sections 716-8.602 - 716-8.614. (Ords. 99-_ § _: 69-59 § 1 (part), 1969.) 716-8.418 Fills-Slopes to receive fill. Where fill is to be placed above the top of an existing or proposed cut or natural slope steeper than one (1) vertical to three (3)horizontal, the toe of the fill shall be set back from the top edge of the slope a minimum distance of six(6) feet, (1.829 meters) measured horizontally or such other distance as may be specifically recommended by a soil engineer or engineering geologist and approved by the County Building Official. Fills shall not Lae out on slopes steeper than one(1)vertical to three(3)horizontal. (Ords. 99-__._§ _: 69-59 § 1 (part), 1969.) 716-8.420 Fills- Conformance to existing terrain. Fill slopes shall be tapered into the existing terrain at the toe and shall be rounded off at the top. (Orris. 99-_§ _: 69-59 § 1 (part), 1969.) 71.6-8.422 Fills -Slope location and setbacks. (a) The property line of any proposed or existing site or parcel'located within the grading project shall be located at the top of the slope or along any slope drainage terrace. (b) Excavation and fill slopes shall be set back a minimum of three(3)feet(0,914 meters)plus one-fifth the vertical height of the slope from the project boundary line with a maximum of ten (10) feet(3.048 meters). (c) Buildings and structures shall be set back from excavation or fill slopes a minimum of four(4)feet(1.219 meters)Mars one-fifth the vertical height of the slope, with a maximum of ten(10) feet(3.€348 meters). (Ords. 99-_ §_: 69-59 § 1 (part), 1969.) 716-8.424 Fills -Variations, Variations from the regulations in Sections 716-8.402 - 7 i 6--8.422 may be allowed by the County Building Official if they will provide equivalent safety, stability, and protection against erosion; as recommended by a sail engineer or engineering geologist. (Ords. 99-_ §_: 69-59 § 1 (part), 1969.) SECILQNT XIV. Article 716-8.6 of the County Ordinance Cade is amended to read: ORDINANCE 99- 16 Article 716-8.6 Drainage 716-8.602 Drainage - General.* Storm drainage structures, systems and Facilities shall be provided as required by the County Building Official and in accordance with standard specifications on file in the building inspection department. Design shall be in accordance with recognized principles of hydraulics. (Orris. 99-_ § _: 69.59 § I (part), 1969.) 716-8.604 Drainage-Disposal. All drainage facilities shall be designed to carry surface waters to the nearest practical street, storm drain, or natural watercourse, approved by the County wilding Official as a safe place to discharge such waters. If the drainage device discharges onto natural ,ground, rip-rap or a similar energy dissipater may be required. (Orris. 99-- §__._: 69-59 § 1 (part), 1969.) 716-8.6€16 Drainage-Site drainage. Graded building sites (building pads) shall have a minimum slope of two percent towards a public street or drainage facility approved to receive storm waters. A lesser slope may be approved by the County Building Official for sites graded in relatively flat terrain,or where special drainage provisions are made,when he finds such modification will not result in unfavorable drainage conditions. (Ords. 99-_'§ 69-59 § 1 (part), 1969.) 716-8.608 Drainage-'Terrace. (a) All swales or ditches on drainage terraces shall have a uniform longitudinal grade of not less than one(1)percent nor more than three(3) percent and a minimum depth of one foot(0.305 meters) at the deepest part. Such terraces shall drain into a paved gutter,pipe or approved watercourse adequate to convey the water to a safe disposal area. (b) The drainage terrace shall be provided with a lined ditch, if required by the sail engineer for stability or prevention of erosion: The lined ditch shall be constructed with a 5% minimum slope to provide self cleaning. (Ords. 99--§_: § 1 (part), 1998.) 716-8.61€1 Drainage-Overflow protection, Berms,swales or other devices shall be provided at the top of cut or fill slopes to prevent surface waters from flowing over or onto, and damaging the face of the slope. Special drainage provisions shall be made where a building or structure exists within five (5) feet (1.524 meters)of the top of a slope. (Ords. 99-_§ _: 69- 53 § 1 (part), 1969.) 716--8.612 Drainage-Maintenance. The permittee and/or owner shill maintain drainage facilities, in conformance with the requirements of this division, during and after construction. (Ords. 99-_ §_69-59 § l (part), 1969.) 716-8.614 Drainage-Variations. Variations From the regulations in Sections 716- FOa drainage Psffnits.see COMVa Costs County Ordinance Codec SCh,10�1Oq-4y.��^a DRDfNANCE 99- 17 8.602 - 716-8.612 may be allowed by the County Building Official if they will provide equivalent safety, stability, and protection against erosion, as recommended by a one(1)vertical to three (3)horizontal soil engineer or engineering geologist and recommended by the county food control district. (Ords. 99-_ §_.._: 69-59 § 1 (part), 1969.) SECTION XRT. Article 716-8.1€1 of the County Ordinance Code is amended to read: Article 716-8.10 Miscellaneous Provisions 716-8.1002 Work during rainfall months. Excavation, grading or construction of fills may be prohibited by the County building official daring the months in which he finds that rainfall will likely preclude compliance with these requirements. (Ords. 99-- § 69-59 § 1 (part), 1969.) 716-8.1004 Work hours. If operations under the permit are within five hundred(500) feet(152.4 meters) of residential or commercial occupancies,except as otherwise provided by conditions of approval for the project,grading operations shall be limited to weekdays and to the hours, between 7:30 a.m. and 5:30 p.m., except that maintenance and service work on equipment may be performed at any time. (Ords. 99-_§ _: 69-59 § 1 (part),'1969.) 716-8.1006 Encroachments on rights-of-way. Encroachment of operations on public rights-of-way without an encroachment permit from the governing body is prohibited except for hauling of legal loads by vehicles permitted by lawn to operate on public roads. (Ords. 99-_§ 69-59 § I (part), 1969.) 716-8.1008 Nuisances. Operations shall be controlled to prevent nuisances to public and private ownerships because of dust,drainage,removal of natural support of land and structures,encroachment,noise, and/or vibration.. (Ords. 99-_ §_: 69-59 § I (part), 1969.) 716-8.1010 Explosives. Blasting or other use of explosives shall be conducted in accordance with regulations by the board of supervisors,the State Fire Marshall, and local fire authorities. (Ords. 99-_§ 69-59 § 1 (part), 1969.) 716-8.101.2 Responsibility of permittee. (a) Compliance with plans and this Division: the permittee,his agent,contractor or employee, shall carry out the proposed work only in accordance with the approved plans and specifications and in compliance with all the requirements of this division. (b) inspections: In performing regular development work it shall be the responsibility of the permittee to notify the County wilding Official at least one working day in advance so that the inspections required'by Sections 716-6.€102 - 716-6.012 can be made. (c) Protection of Utilities: During grading operations the permittee shall be responsible for the prevention of damage to any public utilities or services. (d) Temporary Erosion Control: The permittee shall effect and maintain precautionary ORDINANCE 99- 18 ......... ......_. .... . .. _ .. ........ ..................-_.... ...._..... ......... ......._. ......... .................. ............ _........ ......... ....... .. ........................................................................ measures necessary to protect adjacent watercourses and public or private property from damage by erosion, flooding, and deposition of mud or debris originating from the side. (Ords. 99-_§ 69-59 § I (part), 1969.) 716-8.1014 Reports required -Final approval. The County Building Official may require the following reports, and shall not finally approve any development or work until all required maps and reports have been submitted and approved. (a) A final report by the civil engineer certifying that all grading, lot drainage and drainage facilities have been completed and the slope planning installed in conformance with the approved plans and the requirements of this code with a final contour map if the work is not in substantial conformity with the approved,plans; (b) A report by the soil engineer including the recommended soil bearing capacity,a statement as to the expansive qualities of the soil, and summaries of field:and laboratory tests. The location of such tests and the limits of the compacted fill shall be shown on a final plan which shall also show by pian and cross-section the location of any subdrains,;rock disposal areas and/or buttress fills involved in the work. (c) An engineering geologist's report based on the final contour map including specific approval of the grading as affected by geological factors. The report shall include a revised geologic reap and crass-sections, with recommendations regarding the location of buildings or sewage disposal systems. (Ords. 99 § _e 69-59 § I (part), 1969.) 7164.1416 Evaluation of existing fill. The County wilding Official may require the submission of a preliminary soil investigation report and/or engineering geological report before issuing a building permit for a stricture to be placed on any fill or embankment constructed before August 11, 1969; or excepted from the requirement for a grading permit, or on any other lot or parcel on which critically expansive soils, slide conditions, or other soils, or geologic hazards exist or may reasonably be anticipated to exist. If the County Building Official determines that the action recommended in this report is likely to prevent structural damage to the proposed structure,he shall approve the report and the recommended action contained in the report shall become a part of the required construction as a condition of the permit. (Ords. 99-_ §_..._- 69-59 § 1 (part), 1969.) 716-$,1418 Site evaluation and investigation. (a) The County Building Official may conduct a field investigation and site evaluation of a lot or parcel prior to application for a grading and/or building permit if the owner submits a written request and the fee required by Section 716-4,1€114. (b) The investigation shall determine what information,engineering data or glans will be required to be submitted with the application for grading and/or building permits and under what conditions the permits would be issued. (c) No fees or written request will be necessary after an application for a building and/or grading permit has been accepted or if the County Building Official initiates the field investigation. (Ords. 99-_ §_: 69-59 § 1 (part), 1969.) EC XVI, BpFB TI_�ATTE. This ordinance becomes effective 3€1 days after passage, ORDINANCE 99-� 19 ............ ......... ......... ......... ........_........_........ ._..._. ._._.. ........ ........._....._................ ...._.... ......._. ......._... .._......_. . ......._... ............ ........... .......... ......... ......... and within 15 days after passage shall be published once with the names of supervisors voting for and against it in the , a newspaper published in this County. 1§§ 25123 & 25124] PASSED on , by the following vote; AYES NOES: ABSENT: ABSTAIN: A'T'TEST. PHIL BATCHELOR, Clerk of the Board and County Administrator By: Deputy Board Chair DJS/jh €ASTAFF GRAD1NC.WPCS ORDINANCE 99- 20