§ 23.05.050. Construction Procedures.

a.

Modifications to approved plans. No work based upon any modifications to the approved plans shall proceed unless and until such modifications have been approved by the Building Official, and where applicable, the County Public Works Department, and any necessary permits or permit amendments have been obtained. The proposed change shall not result in greater environmental impacts than those considered in the approved environmental document.

b.

Grading hours - Limitations. No grading work (except for agricultural exemptions and emergency operations specified in Section 23.05.032.c and 23.05.036.c(2), respectively), which requires a grading permit under the provisions of the Grading Ordinance shall take place between the hours of 7:00 p.m. and 7:00 a.m. weekdays and between the hours of 5:00 p.m. and 8:00 a.m. on the weekends, unless the Building Official or approved conditions of a land use permit finds that such operation is not likely to cause a significant public nuisance and authorizes expanded or night operations in writing. Hours of operation on the weekends may be further regulated by conditions of the grading permit.

c.

Air quality controls.

(1)

Fugitive dust control. All surfaces and materials shall be managed to ensure that fugitive dust emissions are adequately controlled to below the 20% opacity limit, identified in the APCD's 401 "Visible Emissions" rule and to ensure that dust is not emitted offsite. This applies to surfaces that will be graded, that are currently being graded, or that have been graded; and to all materials, whether filled, excavated, transported or stockpiled. The following fugitive dust control measures are required, unless alternative measures have been approved by the Air Pollution Control District (APCD):

(i)

Primary measures. All projects involving grading or site disturbance shall implement the following mitigation measures to minimize nuisance impacts and to significantly reduce fugitive dust emissions:

(a)

Reduce the amount of the disturbed area where possible;

(b)

Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency shall be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water shall be used whenever possible;

(c)

All dirt stock-pile areas shall be sprayed daily as needed; and

(d)

All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible, and building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

(ii)

Expanded measures. Projects with site disturbance that exceeds four acres or are within 1,000 feet of any sensitive receptor shall implement the following mitigation measures to minimize nuisance impacts and to significantly reduce fugitive dust emissions:

(a)

All measures identified in Subsection c(1)(i);

(b)

Permanent dust control measures identified in the approved project plans shall be implemented as soon as possible following completion of any soil disturbing activities;

(c)

Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with a fast germinating native grass seed and watered until vegetation is established;

(d)

All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD;

(e)

Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site;

(f)

All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code Section 23114;

(g)

Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; and

(h)

Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water shall be used where feasible.

(iii)

Measures to be shown on plans. All of these fugitive dust mitigation measures shall be shown on grading and building plans.

(iv)

Designated monitor. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress.

Note: Sensitive receptors include schools, parks and playgrounds, day care centers, nursing homes, hospitals, and residences.

(2)

Exportation and importation of material. For projects which involve the cumulative importation or exportation of 2,000 cubic yards or more of soil to a non-adjacent site, the Director may impose one or more of the following conditions:

(i)

Limiting the distance between the project site and the source/destination site.

(ii)

Requiring that export/import be phased over a specified amount of time.

(iii)

Scheduling truck trips during non-peak hours to reduce peak hour emissions.

(iv)

Limiting the length of the workday.

(v)

Applying trucking equipment emission reduction measures as approved by the Air Pollution Control District.

(3)

Naturally Occurring Asbestos (NOA). Grading work shall comply with California Air Resources Board Asbestos Air Toxics Control Measure (ATCM) for construction and grading. Prior to any grading activities in NOA candidate areas, the project proponent shall ensure that a geologic evaluation is conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the Air Pollution Control District. If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD.

d.

Off-site effects. Grading operations shall be conducted to prevent damaging effects of erosion, sediment production and dust on the site and on adjoining properties and roadways.

e.

Hydrocarbon contaminated soil.

(1)

Encountered during grading activities. Should hydrocarbon contaminated soil be encountered during construction activities, the Air Pollution Control District (APCD) must be notified as soon as possible and no later than forty-eight (48) hours after affected material is discovered to determine if an APCD Permit will be required. In addition, the following measures shall be implemented immediately after contaminated soil is discovered:

(i)

Covers on storage piles shall be maintained in place at all times in areas not actively involved in soil addition or removal;

(ii)

Contaminated soil shall be covered with at least six inches of packed uncontaminated soil or other Total Petroleum Hydrocarbon (TPH) non-permeable barrier such as plastic tarp. No headspace shall be allowed where vapors could accumulate;

(iii)

Covered piles shall be designed in such a way to eliminate erosion due to wind or water. No openings in the covers are permitted;

(iv)

During soil excavation, odors shall not be evident to such a degree as to cause a public nuisance; and

(v)

Clean soil must be segregated from contaminated soil.

(2)

Anticipated to be present prior to grading activities. An APCD permit to address proper management of anticipated hydrocarbon contaminated soil is required prior to the start of any grading activity or earthwork. This permit shall include conditions to minimize emissions from any excavation, disposal or related process. The applicant is responsible to contact APCD within 120 days prior to the start of any grading activity/earthwork to begin the permitting process.

f.

Responsibility of permit holder.

(1)

The permit holder 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. The permit holder shall engage the project consultants, as needed, to provide professional inspections on a timely basis. The permit holder shall act as a coordinator between the project consultants, the contractor, and the Building Official. In the event of changed conditions, the permit holder shall be responsible to inform the Building Official of such changes and shall provide revised plans for approval.

(2)

The permit holder and/or agents shall maintain all required protective devices, sedimentation and erosion control devices, stormwater BMPs, and temporary drainage facilities during the progress of the grading work. The permit holder shall also be responsible for observance of working hours, dust controls and methods of hauling. The permit holder and/or agents shall be responsible for maintenance of the site until final inspection. The permit holder and/or agents shall become subject to the penalties set forth herein in the event of failure to comply with the Grading Ordinance and other applicable laws of the County. No approval shall exonerate the permit holder and/or agents from the responsibility of complying with the provisions and intent of the Grading Ordinance.

(3)

During grading operations the permit holder shall be responsible for the prevention of damage to any roadways, public improvements, utilities or services. This responsibility applies within the limits of grading and along any equipment travel routes.

(4)

Notwithstanding the minimum standards set forth in the Grading Ordinance and Title 19 of the County Code, the permit holder is responsible for the prevention of damage to adjacent property, and no person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley, structure, trees, vegetation, or any other public or private property without supporting and protecting such property from settling, cracking, or other damage which might result.

[Added 2013, Ord. 3253]

Editor's note

See editor's note, § 23.05.020.