City of Laguna Beach, CA Chapter 22.16 INSPECTION

Note: Prior ordinance history: Ords. 1237 and 1422.

§ 22.16.010 Construction site inspection and control.

(a) All construction site activities including grading and erosion and sediment control measures shall be subject to inspection by the city. The city may designate an approved independent person or firm to perform deputy inspection at the expense of the applicant.

(b) It shall be the responsibility of the civil engineer who prepared the approved grading plan to incorporate all recommendations from the soils engineering and engineering geology reports into the grading plan. The engineer shall also be responsible for the professional inspection and certification of the grading within his or her technical area of specialty. This responsibility shall include, but need not be limited to, inspection and certification as to the establishment of the limits of grading and drainage of the development area. The civil engineer shall act as the coordinating agent in the event need arises for liaison between the other professionals, the contractor and the city. The civil engineer shall also be responsible for the preparation of revised plans and the submission of as-graded plans upon completion of the work.

(c) Prior to construction of site improvements, the engineer shall certify that the building pad or future finish floor elevations do not vary more than two-tenths of a foot from the approved elevations.

(d) During grading, all necessary reports, compaction data and soil engineering and engineering geology recommendations shall be submitted to the civil engineer and the city by the soils engineer and the engineering geologist.

(e) The soils engineer's area of responsibility shall include, but need not be limited to, the professional inspection and certification concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes and design of buttress fills and the design and need for subdrains and other ground water control devices where required, incorporating data supplied by the engineering geologist.

(f) The engineering geologist's area of responsibility shall include, but not be limited to, professional inspection and certification of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters. The findings shall be reported to the soils engineer and the civil engineer for engineering analysis with copies furnished to the city.

(g) Permittee. The permittee shall be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this code, and the permittee shall engage consultants, if required, to provide professional inspections on a timely basis. The permittee shall act as coordinator between the consultants, the contractors and the building official. In the event of changed conditions, the permittee shall be responsible for informing the building official of such change and shall provide revised plans for approval.

(h) The city, upon at least twenty-four hours' notification from the permittee or agent and upon receipt of professional recommendations in the form of written field memoranda, 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 agent wherein it fails to comply with the requirements of this chapter:

(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) Rough. 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 berms installed at the top of slopes;

(3) Final. When work has been completed, all drainage devices, systems and facilities installed and slope plantings have been established, the civil engineer shall certify that all grading, lot drainage and drainage facilities have been completed and the slope plantings installed in conformance with the approved plans and the requirements of this chapter;

(4) Other. The city may make such other inspections as it deems necessary to determine that the work is being performed in compliance with the approved plans and permit and the requirements of this chapter.

(i) Bonds. Instruments of credit or cash deposits are necessary for assuring that grading activity is conducted and completed to a safe condition should the owner not be able to do so.

(1) Purpose of Bonds. Bonds are required to ensure that partially completed grading on any property is provided with storm water and erosion control devices to protect private and public property from damage due to storm waters, debris, mud flow, and rock fall; to prevent obstructing storm drain channels; to prevent the deposit of mud, rocks or debris on any city street; to abate a dust nuisance; to correct any hazardous conditions within the grading site; and/or correct conditions that pose a threat to environment resources including, but limited to, a threat to water quality.

(2) Requirement for Bonds. Before a permit is issued for an excavation or fill of one thousand cubic yards or more, the applicant shall file a bond for the benefit of the city in each case where the approved grading plan includes protective works including slope drainage devices and erosion prevention planting, except where the city finds that the proposed grading is not potentially hazardous or dangerous. Grading performed under a subdivision agreement between a subdivider and the city will not require a separate bond, but the total estimated cost of grading and protective works shall be included as separate items of work in the quantity estimate of the tract agreement.

Based upon site-specific considerations such as proximity to natural drainage courses, drainage devices, streets or other public structures, the city may require bonds for projects less than one thousand cubic yards in order to assure timely and proper compliance with conditions of permit approval.

(3) Types of Bonds. All bonds shall be executed by the permittee for the work to be undertaken and the bond shall be in writing and accompanied by a sufficient deposit in cash to ensure the city's timely access to monies in the event an emergency response is necessary. The cash amount shall be no less than twenty-five percent of the estimated cost of grading and drainage devices unless an instrument of credit satisfactory to the city attorney is acceptable in lieu of a cash deposit.

(4) Conditions of the Bond. Every bond shall be in writing and in form and content approved by the city attorney and shall include the conditions that the permittee shall:

(A) Comply with all the provisions of this chapter and other applicable laws and ordinances;

(B) Comply with all the terms and conditions of the permit;

(C) Complete all the work contemplated under the permit within the time limit specified in the permit. The city may, for sufficient cause, extend the time limit specified in the permit, but no such extension shall release the surety upon the bond.

(5) Amount of the Bond. The bond shall be in the amount of one hundred percent of the estimated cost of the work authorized by the permit, plus a contingency amount as deemed necessary to ensure completion of minimum storm drainage protection and erosion prevention and to correct hazardous conditions in event permittee is enable to complete the work, except that the city may waive all or part of the amount to the extent that it is determined that the hazard or danger created by the work does not justify the full amount. The cost shall be estimated by the tract or site engineer and such cost shall include, but shall not be limited to, the cost of slope drainage devices, planting and sprinkler systems on slopes. The city may revise the estimated cost if it is considered to be insufficient. A firm contract will be acceptable in lieu of an estimate.

The bond amount shall include estimated administrative and legal fees necessary to collect funds secured by the bond.

(6) Failure to Complete the Work. The term of each bond shall begin upon the date of filing and shall remain in effect until completion of the work authorized or required under the permit. In the event of failure to complete the work, and failure to comply with all of the conditions and terms of the permit, the city may order any remedial work required to bring the area of grading to a safe condition. The surety executing such bond or deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the city in causing any and all such required remedial work to be done. In the case of a cash deposit, said deposit or any unused portion thereof shall be refunded to the permittee upon written request after all grading has been satisfactorily completed.

(j) Completion of Slope Protection Devices.

(1) On completion of finish grading, the construction of berms, interceptor ditches, drainage terraces, crib walls, retaining walls, down drains or other slope protection devices shown on the approved grading plan shall be started immediately after preliminary lines and grades have been checked and approved by the project engineer and soils/geotechnical conditions have been accepted by the soils engineer and engineering geologist. Desilting basins shall be installed and maintained at locations required by the city.

(2) Inspection by Soils Engineer. The soils engineer shall inspect all cut and fill slopes to determine what erosion control and water quality control measures are to be specified to prevent excessive erosion of soil and to comply with water quality requirements from the finished cut and fill slopes. The soils engineer shall then prepare specifications and plans (where needed) for erosion control and water quality control measures which may include, but not limited to, membrane covering, hydro-mulching, dry mulching and erosion control planting. All fill slopes shall be planted. All cut slopes in erosive soils shall be planted unless other means of preventing soil erosion is recommended by soils engineer and approved by the city.

(3) Preparation of Slopes. Cut slopes shall be cleared of loose material and fill slopes shall be prepared for erosion control measures by trimming off loose soil to a firm, smooth surface, by watering and grid rolling, or by other approved method. The placing of loose soil on previously compacted fill slopes or on completed cut slopes is prohibited.

(k) Engineered Grading Requirements.

(1) Defined. Grading of more than one building site intended for the support of structures or major grading involving more than five thousand cubic yards of excavation or fill shall be designated "engineered grading."

(2) Supervision. Engineered grading shall be performed under the supervision of a tract or site engineer. The tract or site engineer shall also supervise and coordinate all site inspection and testing during grading operations. On completion of the work and prior to the final grading inspection, the tract or site engineer shall submit reports as required by Chapter 22.18 of this title.

(3) Inspection. The soils engineer shall be responsible for furnishing qualified soils engineering inspection during all grading work including certification of all terraces prior to placement of gunite or concrete; design, inspection and certification of all soil-cement backfills in sewer and storm drain trenches; all tests of fill compaction including all trench backfill.

(4) Notification of Noncompliance. If in the course of fulfilling his responsibility under this chapter, the civil engineer, the soils engineer, the engineering geologist, the testing agency or the permittee finds that the work is not being done in conformance with this title or the approved plans, he shall immediately notify the person in charge of the grading work and the city in writing of the nonconformity and of the corrective measures to be taken.

(l) Regular Grading Requirements.

(1) Definitions. Grading of one building site or grading involving less than five thousand cubic yards of excavation or fill, when the city determines that no special geological, soil or drainage problems exists, may be designated "regular grading." If the city finds that complex geological or soils engineering problems are involved, it may require the work to be done as "engineered grading" under Section 22.16.010(k) even when less than five thousand cubic yards of excavation or fill is proposed.

(2) Supervision. The city will inspect the work, and will require that all fills for supporting structures be inspected and tested by a qualified soils engineering firm. Said firm shall submit a report signed by a soils engineer describing the manner of placing the fill, containing the record of compaction tests taken, and stating the allowable bearing capacity of the fill for foundation purposes.

(3) Investigation and Report. The city may also require an engineering geological investigation, a soils engineering report, as-graded certifications and a final report on regular grading permits.

(m) Safety Precautions.

(1) Order, Compliance. If at any state of the work the city determines by inspection that further grading, as authorized, is likely to endanger any private property or result in the depositions of debris on any public way or interfere with an existing drainage course, it may require, as a condition to allowing the work to be completed, that such reasonable safety precautions be taken as are considered advisable to avoid such likelihood of danger. Safety precautions may include, but shall not be limited to, specifying a flatter exposed slope, construction of additional drainage facilities, berms, terracing, compaction, cribbing or erosion control measures.

Notice to comply shall be submitted to the permittee in writing. After a notice to comply is received, the contractor shall be allowed a period of ten days to begin to make the correction, unless an imminent hazard exists, in which case the corrective work shall begin immediately. If permittee fails to comply with such written instructions within the time specified therein, the city may cancel or suspend the grading permit and/or call any bonds that have been posted for the site.

If the city finds any conditions not as stated in the grading permit or approved grading plans, it may refuse to approve further work in the area of such existing condition until approval is obtained for a revised grading plan which will conform to the existing conditions.

(2) Restriction of Work During Rainy Season. The period between October first and April thirtieth is hereby determined to be the period in which heavy rainfall normally can occur in the city. During this period, no grading work will be authorized on any single grading site under permit when the city determines that such work will endanger the public health or safety. Grading permits may be approved by the city for work during rainy season if grading plans include emergency services for controlling storm waters and preventing damaging erosion, said plans to be signed by a civil engineer or architect.

(3) Erosion and Sediment Control During Rainy Season. Previously authorized grading work which extends into the rainy season shall be protected by incorporating temporary storm drainage and erosion control devices. Plans for such temporary erosion control devices shall be submitted by permittee and approved by the city not later than September fifteenth of the coming rainy season.

(n) Responsibility of Permittee and Property Owner.

(1) Compliance with Plans and Requirements. All permits issued hereunder shall be presumed to include the provision that the applicant, his agent, contractors or employees will carry out the proposed work in accordance with the approved plans and specifications, and in accordance with any applicable water quality requirements prepared and maintained pursuant to federal or state requirements or a city directive, and in compliance with all the requirements of this title and prosecute such work diligently through completion. Failure to carry out the work in accordance with approved plans and specifications, the applicable water quality requirements, and in compliance with all requirements of the permit and this title shall be a violation of this title. Any violation of an applicable federal or state-issued storm water permits or failure to conform to the requirements of such permit is also a violation of this title.

(2) It shall be the responsibility of the permittee to be knowledgeable of the conditions and/or restrictions of the grading permit as outlined in applicable sections of this code and as contained on the approved grading plans and in the approved soil and geology reports. The permittee shall also be responsible to maintain in an obvious and accessible location on the site a copy of the grading plans bearing the stamp of approval of the community development department.

(3) Protection of Utilities. During grading operations, the permittee shall be responsible for the prevention of damage to any public utilities or services. This responsibility applies within the limits of grading, within any earth zones influenced by such grading and along any routes of travel of equipment.

(4) Protection of Adjacent Property. The permittee is responsible for the prevention of damage to adjacent property and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without supporting and protecting such property from settling, cracking or other damage which might result.

Each adjacent owner is entitled to the lateral and subjacent support which the land receives from the adjoining property, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for the purposes of construction or improvement as provided by law.

(5) Protection of Survey Monuments. The permittee shall be responsible for the protection and preservation of all official land survey markers and monuments within the grading area and shall retain a licensed surveyor or registered civil engineer to replace any such markers or monuments as may be damaged or destroyed in the work.

(o) Hauling of Excavated Materials. The permittee shall comply with the following requirements:

(1) All vehicles transporting rock, earth or other materials to or from a grading site over the streets of the city shall travel only over such route and at such hours as may be directed by the city to be the least dangerous to public safety, cause the least interference with general traffic and cause the least damage to the streets;

(2) Any rock or other material that may be spilled on any public street or places from any vehicle transporting such materials to or from any grading site shall be promptly removed in a manner satisfactory to the city at the expense of the person to whom the grading permit was issued.

(p) Transfer of Responsibility. If the civil engineer, the soils engineer, or the engineering geologist of record is changed during grading, all work shall be stopped until the replacement has reviewed the plans and all prior reports and recommendations and has agreed in writing to accept his responsibility within the area of technical competence for approval upon completion of work. It shall be the duty of the permittee to notify the building official in writing of such change prior to the continuation of grading.

(Ord. 1442 § 2, 2004)