ARTICLE 92
CONDITIONAL GRADING COMPLIANCE

25-92-1: PURPOSE:

The purpose of this article is to assure compliance with conditions of approval on projects involving earthwork grading by providing continuous on site inspections as required by the director of public works of grading projects or developments for which adopted conditions of approval require any specific or general features to be incorporated into the earthwork, or restrict or limit the earthwork in any way which is more restrictive than the grading provisions as prescribed in the uniform building code. (Ord. #1563, §3; Ord. #1572, §13)

25-92-2: SCOPE:

The provisions of this article apply to projects which have been conditionally approved and which involve grading in excess of five thousand (5,000) cubic yards and when grading will occur on or adjacent to: a) natural pregraded slopes of fifteen percent (15%) or greater, or b) property required for natural open space retention. The provisions and conditions of this article are in addition to the provisions of the California building code and the recommendations of any site specific geotechnical investigation report on file with the planning department. (Ord. #1563, §3)

25-92-3: QUALITY CONTROL ENGINEER’S RESPONSIBILITIES:

The quality control engineer shall be on site as determined necessary by the director of public works. This may include a series of inspections or a continuous inspection. (Ord. #1563, §3; Ord. #1572, §13)

The quality control engineer shall not be employed by, have any relationship (financial or otherwise) to, or financial interest in the developer, or any contracting, engineering or geotechnical companies performing work on or providing services to the project being inspected. (Ord. #1563, §3)

The quality control engineer shall be responsible for inspection of the work in progress to assure compliance with the conditions of approval which may include, but are not limited to, slope ratio, slope height, slope location, areas of land disturbance and/or set provisions regarding archeology, paleontology, landscaping, erosion control, protection of native plants and animals, or any other conditions of approval which will control or impact grading. The quality control engineer shall report to and file reports after each inspection or (if continuous inspections are necessary) weekly with the director of public works as required by the director of public works. (Ord. #1563, §3; Ord. #1572, §13)

25-92-4: DEVELOPER’S DEPOSIT:

Prior to the issuance of the grading permit, the developer shall post a deposit with the director of public works in the amount and in the form specified by the director of public works. The deposit funds held in trust shall be dispersed to the quality control engineer by the director of public works under the terms of the agreement between the city and the quality control engineer to pay for the services of the quality control engineer. The director of public works will notify the developer if and when it becomes apparent that the deposit will be exhausted and the developer shall make such additional deposit as required by the director of public works. If the developer fails to submit such additional deposit by the date specified by the director of public works, the director of public works shall suspend or revoke the grading permit, in accordance with the provisions of the uniform building code and order that work on the project cease. Upon completion of the work, unused funds shall be returned to the developer within sixty (60) days following the final grading and quality control inspection approvals. Billings shall be in accordance with the city’s accounting procedures. (Ord. #1563, §3; Ord. #1572, §13)

25-92-5: DIRECTOR OF PUBLIC WORKS AUTHORITY:

The director of public works shall have authority to adopt reasonable rules and regulations to clarify, interpret and enforce the provisions of this article. The director of public works may approve variations when such 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. #1563, §3; Ord. #1572, §13)

25-92-6: AUTHORITY TO CONTRACT:

For the purpose of this article, the director of public works may retain, on behalf of the city, independent engineers to serve as the quality control engineer on projects regulated by this article using a standard form contract approved by the city. (Ord. #1563, §3; Ord. #1572, §13)

25-92-7: ENFORCEMENT:

The director of public works is authorized and directed to enforce the provisions of this article and may use any legal means to effect such enforcement, including suspending and/or revoking any permits that have been issued by the director of public works for the project, whether or not the permits are for the earthwork grading, and withholding issuance of any permits on the project for which applications have been filed. The director of public works is further authorized to expend any remaining funds in the developer’s deposit to obtain compliance herewith. (Ord. #1563, §3; Ord. #1572, §13)