Article VII. - Permit Implementation.

Sec. 11-19.Permit time limits and extensions.

Sec. 11-18. - Effective date of permits.

(a) Ministerial Permit. A ministerial permit required by this chapter shall become effective when issued by the permit authority.

(b) Discretionary Permit. A discretionary permit required by this chapter shall become effective on the 11^th day following the date of permit application approval by the permit authority, provided that no appeal has been filed and/or direct review requested in compliance with Article X of this chapter.

(Ord. No. 5891, § 7, 12-9-2008.)

Sec. 11-19. - Permit time limits and extensions.

(a)   Permit Time Limits.
            (1)   Grading Permit. Grading for which a grading permit is issued shall be completed and finalled within three (3) years from the
               effective date of the permit, or the permit shall expire, unless an extension has been granted in writing in compliance with
               subsection (b); provided that the permit authority may limit a grading permit to a lesser time period where the permit is
               required to abate dangerous or hazardous conditions.
            
(2)   Drainage Permit. Drainage improvement for which a drainage permit is issued shall be completed and finalled within three (3)
               years from the effective date of the permit, or the permit shall expire, unless an extension has been granted in writing in
               compliance with subsection (b); provided that the permit authority may limit a drainage permit to a lesser time period where
               the permit is required to abate dangerous or hazardous conditions.
            
(3)   Vineyard and Orchard Site Development Permit. Vineyard and orchard site development for which a vineyard and orchard site
               development permit is issued shall be completed and finalled within five (5) years from the effective date of the permit,
               or the permit shall expire, unless an extension has been granted in writing in compliance with subsection (b).
            

(b) Permit Extensions. Any permittee holding an unexpired grading, drainage, or vineyard and orchard site development permit may apply for an extension of the time within which grading, drainage improvement, or vineyard or orchard site development must be completed and finalled. The permit authority may extend the expiration date of the permit for a period not exceeding one hundred eighty (180) days per extension request, where the permittee has requested the extension in writing and shown that a lawsuit, permit authority error, or other circumstances beyond the control of the permittee have prevented grading, drainage improvement, or vineyard or orchard site development from being started or completed, or that the extension is in the interest of public health and safety.

(Ord. No. 5891, § 7, 12-9-2008.)

Sec. 11-20. - Operations.

Grading, drainage improvement, and vineyard and orchard site development for which a permit is required shall be subject to the following requirements.

(a) Pre-construction Consultation. The permittee and the permit authority shall have a pre-construction consultation prior to the commencement of the work.

(b) Responsibility for the Work. The permittee and the property owner shall be responsible for the work to be performed in accordance with the approved plans and specifications and any permit conditions.

(c) Inspection. The work shall be subject to inspection as required by the permit authority to verify compliance with the approved plans and specifications and any permit conditions. Inspections shall not be construed to approve 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 shall provide adequate access to the site for inspection by inspectors designated by the permit authority during the performance of all work.

(2)   Professional Inspections and Certifications. The permit authority may require professional inspections and certifications
                  to verify proper completion of the work.
                  (i)   Type of Inspections and Certifications. The professional inspections and certifications may include, but shall not be limited
                     to requiring: the permittee to provide a civil engineer, soils engineer, engineering geologist, professional geologist, registered
                     professional forester, wetlands biologist, or other professional to perform inspections of work in progress and to certify
                     the proper completion of work; inspection and testing by an approved testing agency; and/or the submittal of periodic progress
                     reports.
                  
(ii)   Notification of Noncompliance. Where the use of a civil engineer, soils engineer, engineering geologist, professional geologist,
                     registered professional forester, wetlands biologist, or other professional is required, these personnel shall immediately
                     report in writing to the permit authority and the permittee any instance of work not being done in compliance with this chapter,
                     other applicable provisions of this code, the approved plans and specifications, or any permit conditions, and shall also
                     provide recommendations for corrective measures, if determined by the consultant to be necessary.
                  
(iii)   Transfer of Responsibility for Approval. If a required civil engineer, soils engineer, engineering geologist, professional
                     geologist, registered professional forester, wetlands biologist, or other professional is changed during the course of the
                     work, the work shall be stopped until the replacement individual has notified the permit authority in writing of their agreement
                     to accept responsibility for approval of the completed work within the area of their technical competence.
                  

(d) Field Changes. After permit issuance, no change to the approved work shall occur without the prior written approval of the permit authority. If the permit authority determines that the changes are minor, the changes shall be shown on the as-built plans. If the permit authority determines that the changes are significant, a request for a modification to the approved plans and specifications shall be filed as provided in Section 11-17(c)(2).

(e) 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.

(f) Stop Work Orders. The permit authority 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 permit authority, unless the permit authority has required and the permittee has agreed to any necessary corrective measures, and the permit authority has authorized resumption of the work in writing. A violation of a stop work order shall be punishable in compliance with Section 11-46(c).

(Ord. No. 5891, § 7, 12-9-2008.)

Sec. 11-21. - Completion of work.

(a)   Final Reports. Upon final completion of grading, drainage improvement, or vineyard or orchard site development for which a
            permit is required, the permit authority may require the following plans and reports, supplements thereto, or other documentation,
            prepared by the appropriate professionals in the format required by the permit authority, to verify compliance with the approved
            plans and specifications and any permit conditions. The permit authority may also require such plans and reports at other
            stages of the work.
            (1)   As-built Plans. A set of as-built plans including original and finished contours at intervals acceptable to the permit authority,
               parcel drainage patterns with directional arrows, locations and elevations of all surface and subsurface drainage improvements,
               and locations of all storm water best management practices.
            
(2)   Testing Records. A complete record of all field and laboratory tests, including the location and elevation of all field tests.
(3)   Professional Opinions. Professional opinions regarding slope stability, soil bearing capacity, and any other information pertinent
               to the adequacy of the site for its intended use.
            
(4)   Declarations About Completed Work. Declarations by any civil engineer, soils engineer, engineering geologist, professional
               geologist, registered professional forester, wetlands biologist, or other professional pursuant to Section 11-20(c)(2), that
               all work was done in substantial compliance with the recommendations contained in any required soils or other special report,
               and in compliance with the approved plans and specifications.
            

(b) Final Inspection. No permittee shall be deemed to have complied with the provisions of this chapter until a final inspection of the work has been completed by the permit authority. The permittee shall notify the permit authority when the work is ready for final inspection. The permit authority shall final a permit when all work, including the installation of all drainage improvements and their protective devices, and all storm water best management practices, have been completed in compliance with the approved plans and specifications, and all reports required by subsection (a) have been submitted and accepted.

(Ord. No. 5891, § 7, 12-9-2008.)