Arroyo Grande Municipal Code Ch. 13.24 Excavation, Grading, Erosion and Sediment Control

Footnotes:

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Editor's note— Section 2(Exh. A), of Ord. No. 660, adopted Feb. 25, 2014, repealed the former Ch. 13.24, §§ 13.24.010—13.24.140, and enacted a new Ch. 13.24 as set out herein. The former Ch. 13.24 pertained to similar subject matter and derived from prior code §§ 7-1.01—7-1.14; and Ord. 537, § 1, adopted in 2003.

The purpose of this chapter is to establish standards to safeguard the public health, safety and general welfare; minimize erosion and sedimentation; minimize fugitive dust emissions; reduce the harmful effects of stormwater runoff; encourage groundwater recharge; protect fish and wildlife; reduce hazards to life and property; reduce drainage problems from new development; prevent environmental damage to public and private property; and to otherwise protect the natural environment. This chapter addresses compliance with the National Pollutant Discharge Elimination System (NPDES) Phase II stormwater regulations and sets forth local stormwater requirements, to avoid pollution of watercourses with sediments or other pollutants generated on or caused by surface runoff on or across construction sites.

(Ord. No. 660, § 2(Exh. A), 2-25-2014)

When used in this chapter, the definitions listed hereunder shall have the meanings as specified in this section:

"Accelerated erosion" means rapid erosion caused by human-induced alteration of the vegetation, land surface topography or runoff patterns. Evidence of accelerated erosion is indicated by exposed soils, active gullies, tills, sediment deposits, or slope failures caused by human activities, including grazing promoted by human activities.

"Access and building envelope" means a delineated area within which all land disturbances for construction of access and/or building will be confined.

"Agricultural operations" or "agricultural production" means any operation occurring on a ranch or farm directly related to the growing of crops, or raising of fowls or animals for the primary purpose of making a profit or for a livelihood.

"Applicant" means any person, corporation, partnership, association of any type, public agency or any other legal entity who submits an application to the building official for a permit pursuant to this chapter.

"Approval" means a written engineering or geological opinion concerning the progress and completion of the work.

"As-grade" is the surface conditions extent on completion of grading.

"Bedrock" means in-place, solid rock.

"Bench" means a relatively level step excavated into earth material on which fill is to be placed.

"Best management practices (BMPs)" are practices, means, methods, measures, devices, structures, vegetative plantings and/or a combination thereof designed to safely control erosion and sediment so that construction wastes or contaminants from construction materials, tools and equipment are prevented from entering the storm drain system.

"Borrow" means earth material acquired from an off-site or other on-site location for use in grading on a site.

"Clearing" means the removal or vegetation and debris down to bare soil by any method.

"Civil engineer" means a professional engineer in the branch of civil engineering holding a valid certificate of registration issued by the state of California.

"Civil engineering" means the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works.

"Compaction" means the densification of earth and solids or a fill by mechanical means.

"Development permit" means a permit issued for new land use activities, building, grading, land clearing, subdivision, planned unit development, and/or other project approval process administered by the city.

"Director of community development" means that person charged with the responsibility of directing all phases of the planning, building, engineering, and the enforcement of all state statutes and city laws pertaining to his or her office, or his or her duly authorized representative.

"Director of public works" means that person charged the responsibility of coordinating all phases of administration determining policy and procedures and directing the work of subordinates within the various divisions encompassed with the department of public works.

"Drainage course" mean a well defined, natural or manmade channel which conveys stormwater runoff either year-round or intermittently.

"Earth material" means any rock, natural soil or fill and/or any combination thereof.

"Engineering geologist" means a person holding a valid registration as an engineering geologist and certified in the specialty of engineering geology issued by the state of California under provisions of the Geologist Act of the Business and Professions Code.

"Engineering geology" means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

"Erosion" means the wearing away of the ground surface by the actions of water, wind, ice, gravity, or a combination thereof.

"Erosion control specialist" means a person who is registered in the state or by a professional society and is capable of preparing erosion and sediment control plans. In the event it is the opinion of the building official such plan requires design of civil works, the specialist must be licensed as a civil engineer in the state.

"Erosion hazards" means the susceptibility of a site to erode based on soils, condition and steepness of a slope, rock type, vegetation, and other site factors.

"Erosion, sediment and runoff control planning" means the application of the knowledge of erosion and sediment control principles and practices in the investigation and evaluation for use in the design of civil works.

"Erosion sediment and runoff control practices" means methods, measures, devices, structures, vegetative plantings and/or a combination thereof designed to control erosion and sediment; to safely contain and/or dispose of stormwater runoff; and to stabilize soils and slopes.

"Excavation" means the mechanical removal of earth materials.

"Existing grade" means the grade prior to grading.

"Fill" means the deposit of permitted materials by artificial means.

"Finished grade" means the final grade or surface conditions of the site which conforms to the approved plan.

"Grade" means the vertical location of the ground surface.

"Grading" means any excavation, filling, leveling, or combination thereof (excludes stripping and/or clearing), all new earthwork that involves one or more of the following activities: excavations, cuts, fills, leveling, dams, reservoirs, levees, impoundments, diking, dredging, borrow pits, stockpiling, compaction of fill, or removal of vegetation. Cultivation activities, including disking, harrowing, raking or chiseling, planting, plowing, seeding, or other tilling are not considered grading and are not regulated under this ordinance.

"High priority construction site" are those project that are subject to the construction general permit, and projects not subject to the construction general permit that meet one or more of the following circumstances: discharges directly drain to a creek, involves site work on slopes of twenty (20) percent or greater, involves hillside development on slopes steeper than ten (10) percent, involves more than twenty thousand (20,000) square feet of land disturbance, include excavation of one hundred (100) CY of materials or more, and/or that have grading located within a geologic study or flood hazard areas.

"Key" means a designed, compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.

"Land disturbance" means clearing, stripping, grading or other manipulation of the natural terrain by manual and/or mechanical means.

"Net impervious area" means the total post-project impervious surface area (including both new and replacement surface area), minus any reduction in total imperviousness from the pre-project to the post-project condition.

Net impervious area = (new and replaced impervious area) - (reduced impervious area credit), where reduced impervious area credit is the total pre-project to post-project reduction in impervious area, if any.

"NPDES" means National Pollution Discharge Elimination System, the national program for controlling discharges under the Federal Clean Water Act.

"One hundred (100) year storm" means there is a one in one hundred (100) or one-percent chance that a storm will reach this intensity in any given year.

"Owner" means the person or persons shown in the county recorder's office as owner of property.

"Permittee" means the owner, contractor, or any person undertaking land disturbance activities upon a site pursuant to a permit granted by the building official authorizing performance of a specified activity.

"Rough grade" means an approximate elevation of the ground surface conforming to the approved plan.

"Runoff" means the passage of surface water over ground surface.

"Sediment" means eroded earth material that is carried and/or deposited by water, wind, gravity or ice and is a major source of water pollution.

"Site" means a lot or parcel of land or contiguous combination thereof, where land disturbance including erosion control, clearing, grading, or construction are performed, permitted, or proposed.

"Slope" means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

"Soil" means naturally occurring superficial deposits overlying bedrock.

"Soil engineer" means a civil engineer experienced and knowledgeable in the practice of soil engineering.

"Soil engineering" means the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.

"Stabilization" means the prevention of erosion to exposed soil.

"Start of construction" means the first land-disturbing activity associated with a construction project.

"Storm Water Control Plan" is a plan, developed by the regulated project applicant, detailing how the project will achieve the applicable post-construction stormwater management requirements (for both on-site and off-site systems).

"Storm Water Pollution Prevention Plan" is a plan that provides for erosion control using the specific best management practices to control sediment and erosion on a construction site during and after construction.

"Stormwater control measures" is any stormwater management measures integrated into project designs that emphasize protection of watershed processes through replication of pre-development runoff patterns (rate, volume, duration). Physical control measures include, but are not limited to, bioretention/rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water use. Design control measures include but are not limited to conserving and protecting the function of existing natural areas, maintaining or creating riparian buffers, using onsite natural drainage features, directing runoff from impervious surfaces toward pervious areas, and distributing physical control measures to maximize infiltration, filtration, storage, evaporation, and transpiration of stormwater before it becomes runoff.

"Stream" means any water course as designated by a solid line or dash and three dots symbol shown on the largest scale of United States Geological Survey map most recently published.

"Temporary stockpiles" means soil stockpiled upon a land area for future site development or for temporary storage for a maximum period of eighteen months.

"Ten-year storm" means there is a one in ten (10) or ten-percent chance that a storm will reach this intensity in any given year.

"Terrace" means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.

"Topsoil" means loose, pliable, organic and fertile earth materials on top of a soil profile, usually the "A" horizons.

"Treatment control measure" is any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media absorption or any other physical, biological, or chemical process.

"Water Pollution Control Plan (WPCP)" is a plan that accompanies erosion and sedimentation control plans, unless exempted by the director or the public works director. Best management practices (BMPs) shall be in compliance with CASQA handbook or equivalent. A project SWPPP also can serve as the WPCP.

"Unstable soil" means soil which is not competent to support other soil or fill, to support structures, or to satisfactorily perform the other functioning for which the soil is intended.

(Ord. No. 660, § 2(Exh. A), 2-25-2014)

This chapter sets forth standards, including the incorporation of best management practices (BMPs), to control excavation, grading, erosion and sediment; requires control of all existing and potential conditions of accelerated erosion; establishes administrative procedures for issuance of permits; and provides for approval of plans and inspections during construction and maintenance. All activities subject to subdivision map requirements and/or building permits shall meet these standards. This chapter also provides for the approval of plans and inspection of grading construction and BMPs. In the event of any conflict between the provisions of this chapter and state law, the more restrictive requirement shall apply.

(Ord. No. 660, § 2(Exh. A), 2-25-2014)

Note: While the activities under this section are exempted from a grading permit for the purposes of this city's ordinance, the owner and/or applicant should understand that permits may be required by other regulatory agencies, including, but not limited to, the California Department of Fish and Wildlife, Regional Water Quality Control Board, Army Corps of Engineers, U.S. Fish and Wildlife Service, or the California Department of Forestry (Cal Fire). Additionally, grading projects involving work within a state or county right-of-way may require encroachment permit approval.

No person shall do any land disturbance work without first obtaining a permit from the director of community development. A grading permit shall be obtained where grading is to occur meeting the definition set forth in Section 13.24.050 (grading). Activities that do not constitute grading as defined in this chapter, or are exempt from grading permits, may be subject to other applicable sections in this ordinance. This includes requirements, such as preparation and approval of an erosion and sedimentation control plan, drainage plan, and/or stormwater pollution prevention plan. In granting any permit in compliance with this chapter, the director of community development and, where provided, the director of public works, may impose conditions as necessary. These conditions may include requiring a licensed contractor to perform the work or a licensed professional (e.g. civil engineer, geotechnical engineer, etc.) to prepare plans or technical reports in order to prevent creation of a nuisance or a hazard to public health, public safety, or public or private property, or to assure conformity to the city's general plan. The following grading does not require a grading permit. Exempt grading activities must employ appropriate sedimentation and erosion control measures:

A. Isolated area: Grading in an isolated, self-contained area if there is no danger to private or public property;

B. Emergency work: Work necessary to preserve life or property; provided, however, that when emergency work is performed under this section, the person performing it shall report the pertinent facts relating to the work to the director of community development within fifteen (15) days after commencement of the work and shall thereafter obtain a permit pursuant to Section 13.24.050 and perform such work as may be determined by the director of community development to be reasonably necessary to correct any erosion or conditions with a potential to cause erosion as a result of the emergency work;

C. Excavation: An excavation which does not exceed fifty (50) cubic yards and is less than one foot in depth, does not create a cut slope higher than five feet and steeper than two to one (2:1);

D. Fill: A fill containing only permitted materials less than one foot deep, placed on natural terrain slope flatter than five to one (5:1), and does not exceed fifty (50) cubic yards on any one site, including stockpiles, does not alter or obstruct a drainage course, will not be used for structural support or roadways and the area graded or filled does not exceed eleven thousand (11,000) square feet (one-quarter acre). This exemption shall not apply to a fill within a riparian zone;

E. Basements and footings: An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill except as provided under subsection D of this section, made with the material from such excavation or exempt any excavation having an unsupported height greater than five feet after the completion of such structures;

F. Cemeteries: Cemetery graves; excavation, or fill within a property used or to be used for cemetery purposes is exempt. Grading that is intended to support structures or that will affect natural drainage patterns do not fall under this exemption;

G. Refuse disposal: Refuse, individual and/or community sewage disposal sites controlled pursuant to other regulations;

H. Wells and utilities: Excavations for wells, tunnels or utilities;

I. Exploratory investigations: Excavations under the direction of a soils engineer or engineering geologist where such excavation is to be returned to the original condition within forty-five (45) days after the start of work;

J. Clearing an area of eleven thousand (11,000) square feet (one-quarter acre) or less on five percent slopes or less;

K. Agricultural: Normal routine farming activities necessary to manage land, crops and/or animals for food production;

L. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations are conditioned by other permits to preclude discharge of sediments offsite and provided such operations do not affect the lateral support or increase the stresses or pressure upon any adjacent or contiguous property;

M. Grading activities shall receive all necessary approvals from other city, state, or federal agencies, regardless of whether the activity is exempt under this chapter;

N. Activities exempted under this section are still required to incorporate all reasonable measures to ensure against erosion and sedimentation both during and after such activities. In all cases, any grading activities which could result in a hazardous condition are not exempt from grading permit requirements. A hazardous condition exists when activities create a hazard to life and limb, endanger property, adversely affect the safety, use or stability of a public right-of-way or drainage channel, or create a significant environmental impact.

(Ord. No. 660, § 2(Exh. A), 2-25-2014)

A grading permit is required in any of the following cases, unless the project qualifies for an exemption or constitutes agricultural grading as set forth in Section 13.24.040:

1. Fifty (50) Cubic Yards. The amount of material, measured cumulatively (adding together all proposed earthwork) for any of the above mentioned activities exceeds fifty (50) cubic yards.

2. Work in a Watercourse. The amount of material, measured cumulatively (adding together all proposed earthwork) for any of the above mentioned operations exceeds twenty (20) cubic yards and involves altering or obstructing a drainage way or watercourse.

3. Removal of Vegetation. Projects which would involve more than one acre of vegetation removal on a site.

4. Temporary Stockpile. Soil stockpiled upon a land area for future site development or for temporary storage as set forth in Section 13.24.080.

Vegetation removal is calculated based on the total area of a site which will lack soil cover (i.e. "bare soil") at any given time. Areas subject to previous vegetation removal are not included in this calculation where permanent revegetation has already achieved a minimum of seventy (70) percent coverage.

All projects subject to a grading permit must submit an erosion and sediment control plan which includes the rationale used for selecting BMPs. The erosion and sediment control plan may be substituted by a SWPPP if the project requires one. The erosion and sediment control plan must require operators of construction sites to minimize the discharge of pollutants to the MS4 through the installation, implementation or maintenance of BMPs consistent with the California Storm Water Quality Association (CASQA) BMP Handbook or equivalent.

Note: The grading thresholds specified in subsections 1 and 2 above are to be measured cumulatively for each project. A project may not be broken down into smaller components with the intention of avoiding a grading permit. Activities progressing towards a common endeavor are considered a single project.

(Ord. No. 660, § 2(Exh. A), 2-25-2014)

All applications for a grading permit shall be accompanied by a grading plan consistent with this section.

A. Professionals Qualified to Prepare Grading Plans.

1. Grading plans may be prepared by anyone who can accurately provide the necessary information for the application, grading plan, erosion and sedimentation control plan, drainage plan, and stormwater pollution prevention plan review. This may include the applicant, a draftsperson, designer, certified sedimentation and erosion control specialist or licensed individuals who are normally involved with a project such as a civil engineer, surveyor, architect, or landscape architect. Should additional information be required due to unique physical characteristics of the site, this may require that information be prepared by the appropriate licensed professional (at the discretion of the director of community development).

2. Grading plans prepared for an engineered grading plan (as defined by subsection C) may be prepared only by professionals licensed by the state of California to prepare grading and drainage plans. The assistance of other professionals approved by the director of community development is encouraged. These professionals may include landscape architects, soil engineers, geologists, engineering geologists, certified sedimentation and erosion control specialists, botanists, biologists, and archaeologists.

B. Grading Plan Content. A grading plan shall be legible and accurately drawn to scale using standard drafting techniques. Plans shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this chapter and all relevant codes and regulations. Plans shall include, but not be limited to, the following information unless waived by the director of community development:

1. General Site Information.

a. The name, address, and phone number of the owner and the person by whom the plans were prepared.

b. A description of the land upon which the work is to be performed, including assessor's parcel number, street address, tract, block, and lot number.

c. An accurate location map with enough detail to find the site in the field and detailed directions to the site.

d. An accurate site plan that delineates the limits of grading activities.

e. A written scope of work, including references to any documents associated with the scope of work. Where grading was previously unpermitted, discussion on background and history of the grading activities shall be included.

2. Topography and Earthwork Quantities.

a. Existing or natural ground contours, and proposed ground contours at intervals of no more than two feet for area to be graded and five feet for the remainder of site. On rural parcels exceeding eighty (80) acres, existing and proposed contours shall be shown at two-foot intervals for area to be graded, and the remainder of site at twenty-foot intervals. The latest USGS topographic maps may be used as a source of information for the twenty-foot intervals.

b. An estimate of the volume of earth to be moved, expressed in cubic yards, verified and stamped by the engineer of record. Calculations shall be provided to support the estimate.

c. An estimate of the surface area of earth to be moved, expressed in square feet, verified and stamped by the engineer of record. Calculations shall be provided to support the estimate.

d. An estimate of the total area of site disturbance, expressed in square feet. This total shall include all vegetation removal in addition to soil disturbance.

e. An estimate of total area in square feet of native vegetation to be removed.

3. Cuts and Fills.

a. Cuts and fills shall be limited to the minimum amount necessary to establish the proposed use. Specify amounts of cut and fill. Identify location of site(s) to receive fill, showing area and depth of fill. Identify location of borrow site(s) and depth of borrow. Whenever possible, cut and fill should be balanced on the site.

i. If fill materials are imported to the site, provide information regarding the proposed source(s) and amount of material. If the source changes due to other materials becoming available, this information shall be provided to the director of community development.

ii. If excavated materials are exported provide statement of amount, method of disposal, proposed location(s), and details on applicable permits.

iii. If permits are necessary for the site providing the fill material or receiving excavated material, provide evidence that permits have been issued for that site.

b. An estimate of the maximum and minimum vertical depth of cuts and fills, expressed in feet and cut and fill slope ratios.

c. Any required retaining walls or other means of retaining cuts or fills. Additionally, provide details and calculations of the retaining walls, drainage devices, and all other protective structures to be constructed as part of the grading permit.

4. Finish Elevations.

a. Elevation of the finish floor of the garage or other parking areas.

b. Ground and finish floor elevations at the base of building or structure corners.

c. Elevations of the edge of pavement or road at driveway entrance.

d. Elevations of the top of wall and bottom of footing of proposed retaining walls.

5. Site Improvements and Features.

a. The location of all existing and proposed surface and subsurface drainage ways and drainage systems on the site and adjacent property which may affect or be affected by the proposed project.

b. The location of all existing and proposed buildings, structures, easements, groundwater recharge areas, wells or sewage disposal systems on site, and the approximate location of these items on adjacent property that are within one hundred (100) feet of the property boundary or which may affect or be affected by the proposed project. Show spot elevations at corners of existing and proposed buildings or structures and lots where proposed grading will occur.

c. Location, description, type or topographic description of existing rock outcropping natural feature, vegetation, individual oak trees, wooded areas or trees that are five inches or greater in diameter measured 4.5 feet above ground level proposed for disturbance and/or removal. Botanical, archaeological, or biological surveys prepared by a qualified individual may be required where warranted. Show centerline of streams and flood plain lines, if applicable. Clearly identify on the plan the boundary and general characteristics of areas within which no disturbance will occur.

6. Soils.

a. A copy of a soils map and soils descriptions covering the project site and adjacent properties (available for free through the USDA Natural Resources Conservation Service online).

b. When required by the director of community development, each application for a grading permit shall be accompanied by two sets of supporting data consisting of a civil engineering report, soil engineering report, engineering geology report, erosion and sedimentation control report, and/or any other reports necessary. In many instances this information may be shown on the face of the plan.

c. Reports shall be prepared by qualified professionals with experience in report preparation and grading plan implementation. Recommendations included in the reports that are approved by the director shall be incorporated into the grading plan. (See subsection C, engineered grading requirements).

d. Clearly show groundwater recharge methods that have been incorporated into the project design.

e. All applicable dust control measures.

C. Engineered Grading Plan Requirements. When required pursuant to subsection C.1, the grading plan shall be prepared and signed and sealed by a qualified, registered civil engineer or other qualified professional licensed by the state to perform such work, and shall include specifications covering construction, inspection and material requirements in addition to the information required in compliance with subsection B. Additionally, those items required by subsections C.2 through C.4 shall accompany the grading plans.

1. When Required. Engineered grading is required when one or more of the following circumstances exist:

a. The grading will involve five thousand (5,000) cubic yards or more (cumulative).

b. The grading involves site work on slopes of twenty (20) percent or greater.

c. The proposed grading is located within a geologic study area or flood hazard area.

d. The director of community development has cause to believe that geologic hazards may be involved.

2. Site and Drainage Report. The site and drainage report, shall include, but not be limited to:

a. The date the report was prepared and the name, address, and phone number of firm or individual who prepared the report.

b. Hydrology calculations showing maximum peak discharges of water runoff for two through ten- and one-hundred-year storm frequencies and comparison of runoff with and without project. Hydraulic calculations for existing downstream runoff conveyance systems that will be impacted by the proposed project runoff.

c. Summary of the groundwater recharge methods that have been incorporated into the project design.

d. Inspection and approval to establish lines and grades, design criteria for corrective measures, including the required safe storm drainage capacity of channels both on and off-site.

e. Soils, geology, or civil engineer's opinions and recommendations concerning adequacy of site to be developed by the proposed grading.

f. Sequence and type of recommended inspections.

3. Geotechnical Report. The geotechnical report shall be prepared by qualified person license to do geotechnical work and contain, but need not be limited to, all the following information:

a. The date the report was prepared and the name, address and phone number of firm or individual who prepared the report.

b. Data regarding the nature, distribution, and strength of existing soils.

c. Data regarding the nature, distribution, and strength of soil to be placed on the site, if any.

d. Conclusions and recommendations for grading procedures.

e. Conclusions and recommended designs for interim soil stabilization devices and measures for permanent soil stabilization after construction are completed.

f. Design criteria for corrective measures including buttress fills, when necessary.

g. Identification of existing cuts and fills on site, recommended measures for compaction, slope stability and other factors affecting suitability for support of a structure.

h. Engineer's opinions and recommendations concerning adequacy for the intended use of site to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes, foundation recommendation, soil design criteria, liquefaction, expansive soil, loose or soft soils, areas of unknown problems, undocumented fill, cut/fill, unusual loading, shallow ground water or springs, and landslides.

i. Sequence and type of recommended inspections.

4. Engineering Geology Report. The engineering geology report shall be prepared by qualified person license to do geotechnical work and comply with protocol approved by the department of planning and building and shall contain, but need not be limited to, the following information:

a. The date the report was prepared and the name, address, and phone number of firm or individual who prepared the report.

b. An adequate description of the geology of the site.

c. Conclusions and recommendations regarding the effect of geologic conditions on the proposed development.

d. An opinion on the adequacy for the intended use of site to be developed by the proposed grading, as affected by geologic factors.

e. Need for underground drainage devices or opportunities for underground recharge devices.

f. Sequence and type of recommended inspections.

g. If the proposed grading is for a habitable structure, and the geologist has identified evidence of recent fault ruptures occurring near the proposed structure, additional geological information will be necessary. The guidelines suggested in the California Division of Mines and Geology Notes #49 or subsequent additions shall be used to prepare this supplemental report.

When the director of community development has cause to believe that geologic hazards may be involved, the regular grading operation shall be required to conform to engineered grading requirements.

(Ord. No. 660, § 2(Exh. A), 2-25-2014)

A. Grading Standards.

1. Excavation Standards. All excavations are to be conducted in compliance with the provisions of Section J106 of the California Building Code and the following standards:

a. No excavation shall be made with a cut face steeper in slope than two horizontal to one vertical, except under one or more of the following conditions.

i. The director of community development may permit an excavation to be made with a cut face steeper than two horizontal to one vertical if the applicant provides a slope stability analysis prepared by a geotechnical engineer or engineering geologist that the material making up the slope of the excavation and the underlying earth material is capable of standing on a steeper slope, and a certified soil and erosion control specialist or other qualified professional indicates, in writing, that either it is feasible to mitigate erosion and sedimentation impacts and that successful revegetation of the site can be accomplished or that due to the nature or composition of the cut slope, erosion and sedimentation measures and revegetation are unnecessary.

ii. A retaining wall or other approved support which also mitigates visual impacts of the device is provided to support the face of the excavation.

b. The director of community development may require an excavation to be made with cut face flatter in slope than two horizontal to one vertical if a slope stability analysis or other appropriate method of review indicates that the material in which the excavation is to be made is such that the flatter cut slope is necessary for stability, safety, or to prevent erosion and sedimentation and stormwater impacts.

c. No cut slope shall exceed a height of twenty-five (25) feet without intervening terraces having a minimum width of six feet. These terraces shall be vertically spaced at intervals of twenty-five (25) feet except that for slopes less than forty (40) feet in vertical height the terrace shall be approximately at mid-height. Suitable access shall be provided to permit cleaning and maintenance. The director of community development may modify this requirement because of geologic or other special conditions.

d. The border of all cut slopes shall be rounded off to a minimum radius of five feet to blend with the natural terrain.

e. All cut slopes shall be within parcels under common ownership unless written permission is granted by the adjacent owner.

2. Fill standards. All fills are to be conducted in compliance with the provisions of Section J107 of the California Building Code Appendix J and the following standards:

a. No fill shall be made which creates any exposed surface steeper in slope than two horizontal to one vertical, except under one or more of the following conditions:

i. A retaining wall or other approved support is provided to support the face of the fill which also mitigates visual impacts of the device.

ii. The director of community development may permit a fill to be made which creates an exposed surface steeper in slope than two horizontal to one vertical (2:1) if a geotechnical engineering report demonstrates that slope stability will be ensured. The geotechnical engineer shall certify that the strength characteristics of the material to be used in the fill are such as to produce a safe and stable slope and that the areas on which the fill is to be placed are suitable to support the fill. Additionally, a certified soil and erosion control specialist or other qualified professional shall indicate in writing that it is feasible to prevent erosion and sedimentation impacts, and successful revegetation of the site can be accomplished. All such reports are subject to the approval of the director of community development.

b. The director of community development may require that fill be constructed with an exposed surface flatter than two horizontal to one vertical (2:1) if a slope stability analysis or other appropriate method of review indicates that such flatter surface is necessary for stability, safety, or to prevent erosion and sedimentation impacts.

c. Unless specified as a non-structural land reclamation, erosion control, or agricultural fill, all fills shall be placed, compacted, inspected, and tested in compliance with the following provisions:

i. The natural ground surface shall be prepared to receive fill by removing vegetation, non-complying fill, topsoil and other unsuitable materials. The surface shall be scarified to provide a bond with the new fill and where slopes are steeper than five horizontal to one vertical (5:1) and the height is greater than five feet, by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than five horizontal to one vertical (5:1) shall be at least ten (10) feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. When fill is to be placed over a cut, the bench under the toe of fill shall be at least ten (10) feet wide, but the cut shall be made before placing the fill. The soils engineer, engineering geologist, or both, shall certify that the bench is a suitable foundation for the proposed fill.

ii. Except as otherwise permitted by the director of community development, no rock or similar irreducible material with a maximum dimension greater than six inches shall be buried or placed in fills. No organic material shall be permitted in structural fills. The director of community development may permit placement of larger rock when the soils engineer properly devises a method of placement, continuously inspects its placement, and approves the fill stability. The following conditions shall also apply:

(a) Prior to issuance of the grading permit, potential rock disposal areas shall be identified on the grading plan.

(b) Rock sizes greater than six inches in maximum dimension shall be ten (10) feet or more below grade, measured vertically.

(c) Rocks shall be placed so as to assure filling of all voids with well-graded soil.

iii. A fill shall be spread in a series of horizontal lifts as specified by the geotechnical engineer or other approved professional approved by the director of community development. The distribution of material throughout each layer shall be free of lenses, pockets or layers of material differing substantially in texture or gradation from the surrounding material. All material shall be compacted into a fill of uniform moisture and density as specified in subsection A.2.c.iv.

iv. All fills shall be compacted to a minimum of ninety (90) percent of maximum density as determined by ASTM D 1557-(latest edition) or other approved testing method giving equivalent test results. Field density shall be determined by ASTM D 1556-(latest edition) or other equivalent methods approved by the director of community development.

v. A field density test, as herein provided, shall be taken for each twenty-four (24) inches of fill, or portion thereof, measured vertically from the lowest point of the area to be filled, and for each two hundred (200) cubic yards of fill placed unless a variation is recommended by the soils engineer and approved by the director of community development. In addition, in the case of a subdivision, field density tests shall be taken on lots which receive fill based upon the recommendations of a soils engineer.

vi. All fills regulated by this chapter shall be tested for relative compaction by a qualified geotechnical testing agency. Final reports, including a letter certifying compliance with the terms of this chapter, and the grading permit, setting forth densities, relative compaction and other fill characteristics shall be prepared and signed by a geotechnical engineer. This report shall be submitted to and approved by the director before any final approval of the fill is given and before any foundation construction begins except for the digging of trenches and placing of reinforcing steel.

(a) Fills toeing out on natural slopes which are steeper than two horizontal to one vertical shall not be permitted unless evaluated and approved by a geotechnical engineer or engineering geologist.

(b) The border of fill slopes shall be rounded off to a minimum radius of five feet to blend with the natural terrain.

3. Grading Setback Standards. Cut and fill slopes shall be set back from site boundaries in compliance with the provisions of Section J108 of the 2013 California Building Code Appendix J and the following standards:

[Figure: Figure No. 1 - Grading Setbacks]

Figure No. 1 - Grading Setbacks

TABLE NO. 70 REQUIRED SETBACKS FROM PERMIT AREA BOUNDARY (IN FEET)

1 Additional width may be required for interceptor drain.

[Figure: Figure No. 2]

Figure No. 2

a. General. Setback dimensions shall be horizontal distances measured perpendicular to the site boundary. Setback dimensions shall be as shown in Figure 1.

b. Stream and Riparian Setback. Tops and toes of cut and/or filled slopes shall be set back far enough to prevent encroachment upon streams, flood plains, or channels, or body of standing water to provide and maintain an undisturbed protective strip between the grading and the riparian corridor. This strip shall have sufficient filter capacity to prevent degradation of water quality, as determined by the erosion and sediment control specialist and approved by the building official. If it is determined that the filter capacity of the protective strip is insufficient, or development activity will encroach upon riparian zones, additional setback distance and/or erosion control practices may be required.

c. Retaining Walls. Retaining walls, when keyed into stable foundations and capable of sustaining the design loads, may be used to reduce the required cut and fill setbacks when recommended by the civil or soils engineer, or engineering geologist and approved by the building official.

d. Top of Cut Slope. The top of the cut slopes shall not be closer to a site boundary line than one-fifth of the vertical height of cut with a minimum of two feet and a maximum of ten (10) feet. The setback may need to be increased for any required interceptor drains or maintenance easements. The director may approve adjustments as a condition of the permit, as required by individual site conditions.

e. Toe of Fill Slope. The toe of fill slopes shall not be closer to the site boundary line than one-half the height of the slope with a minimum of two feet and a maximum of twenty (20) feet. Where a fill slope is to be located near the site boundary and the adjacent off-site property is developed, or site conditions warrant, special precautions shall be incorporated in the work as the director of community development deems necessary to protect the adjoining property from damage as a result of such grading. These precautions shall include, but are not limited to the following:

i. Additional setbacks.

ii. Provisions for retaining or slough walls.

iii. Mechanical or vegetative treatment of the fill slope to minimize erosion.

iv. Provisions for the control of surface waters.

v. Provisions for maintenance access.

f. Modification of Slope Location. The director of community development may approve alternate setbacks. The director of community development may require an investigation and recommendation by a qualified engineer, engineering geologist, or erosion control specialist to demonstrate that the intent of this section has been satisfied.

g. Distance From Property Line. No cut or fill shall be made which is sufficiently close to the property line to endanger any adjoining public or private property or structures without supporting and protecting such property or structures from any settling, cracking, or other damage which might result.

h. Other Restrictions and/or Minimums. Other requirements may also be increased or relaxed upon review by the building official if he or she finds the deviations consistent with safety and stability and to provide access for slope maintenance and drainage.

4. Landform Alterations Within Public View Corridors. Grading, vegetation removal, and other landform alterations shall be minimized on sites located within areas determined by the director of community development to be a public view corridor from collector or arterial roads. Where feasible, contours of finished grading are to blend with adjacent natural terrain to achieve a consistent grade and appearance.

5. Grading Near Watercourses. Grading, dredging or diking shall not alter any intermittent or perennial stream, or natural body of water shown on any USGS 7-½ minute map, except as permitted through approval of a city drainage plan and a streambed alteration permit from the California Department of Fish and Wildlife issued under Sections 1601 or 1602 of the Fish and Wildlife Code. Watercourses shall be protected as follows:

a. Watercourses shall not be obstructed unless an alternate drainage facility is approved.

b. Fills placed within watercourses shall have suitable protection against erosion during flooding.

c. Grading equipment shall not cross or disturb channels containing live streams without siltation control measures approved by the director of community development in place.

d. Excavated materials shall not be deposited or stored in or alongside a watercourse where the materials can be washed away by high water or stormwater runoff.

(Ord. No. 660, § 2(Exh. A), 2-25-2014)

The director of community development may issue a permit for temporary stockpiling (storage) of earth conforming to the following:

A. Requirements. Temporary stockpiling shall:

1. Not exceed seven thousand (7,000) cubic yards and cover less than one acre in area;

2. Be on a single lot;

3. Not located on or across or affect any surface water body or divert existing drainage courses;

4. Not have a fill bank in excess of six feet measured vertically from the toe of the slope to the top of the slope;

5. Not exceed eighteen (18) months from the date any stockpiled material is initially placed to the date all material is removed;

6. Not result in exposed fill slopes steeper in average slope than two horizontal to one vertical, including benches and roundings to ensure stability and reduce visual impacts;

7. Install and maintain measures to protect against erosion and instability and ensure that runoff water leaving the premises will not contain sand, silt or other debris;

8. Conform to the setbacks identified under Section 13.24.070.A.3;

9. Place materials only on areas previously excavated or disturbed which contain no significant habitat value, designated scenic area, or mapped geological hazard; and

10. Involve only materials for use on the site, not for export, sales or borrow operations.

B. Application and Plan. The application shall be signed by the owner of the land on which the earth is to be stockpiled and be accompanied by a stockpiling plan, grading plan or improvement plan. The application shall include the following:

1. A certification that the fill material is for use exclusively on the site;

2. A description of the proposed ultimate use of the stockpiled material;

3. A vicinity sketch showing:

a. Property lines and the location of all structures within one hundred (100) feet of the proposed stockpile and adjacent properties if within fifteen (15) feet of the property line;

b. Contour lines showing the topography of the existing ground with a maximum contour interval of five feet, the quantity of proposed fill;

c. Elevations, dimensions, location, extent and square footage of the total footprint of the area proposed to be covered by the stockpiled material;

d. All drainage devices, walls, cribbing, dams, stormwater protection best management practices or other protective devices to be constructed, including all temporary construction erosion and sediment control devices;

e. A map of the drainage area of the land tributary to the site; and

f. Dust control measures.

C. Security. At the time of permit issuance, the applicant shall enter in to an agreement, secured by a cash deposit, to assure the future permanent placement or removal of the stockpiled material.

(Ord. No. 660, § 2(Exh. A), 2-25-2014)

A. Drainage Standards. Site development shall have no adverse impacts on adjacent and downstream locations. If adverse impacts are identified, off-site erosion, sediment and flood control improvements to the drainage way will be required to eliminate the adverse impacts. Designs for site area drainage and terraces shall be consistent with the low impact development (LID) requirements set by the RWQCB and the following minimum standards:

1. Design and Construction. Drainage systems and facilities subject to drainage plan review and approval that are to be located in existing or future public rights-of-way are to be designed and constructed as set forth in the latest edition of the public works department's public improvement standards, or as per the project's conditions of approval. Applicants may request an adjustment pursuant to the public improvement standards in order to allow for a design that is more compliant with LID practices. Other systems and facilities subject to drainage plan review and approval are to be designed in accordance with good engineering practices. The design of drainage facilities in new land divisions and other new development subject to minor use permit or conditional use permit approval shall maximize groundwater recharge through on-site or communitywide stormwater infiltration measures. Examples of such measures include constructed wetlands, vegetated swales or filter strips, small percolation ponds, subsurface infiltration basins, infiltration wells, and recharge basins. Where possible, recharge basins shall be designed to be available for recreational use.

2. Natural Channels and Runoff. Proposed projects are to include design provisions to retain natural drainage patterns and, when required, limit peak runoff to pre-development levels. To the maximum extent feasible, all drainage courses shall be retained in, or enhanced to appear in, a natural condition, without channelization for flood control. On downhill sites, encourage drainage easements on lower properties so that drainage can be released on the street or other appropriate land area below.

3. Best Management Practices (BMPs). All new development subject to drainage plan review shall use BMPs to address polluted runoff. BMPs shall be consistent with the guidance found in documents such as the LID Handbook. Such measures shall include, but not be limited to: minimizing the use of impervious surfaces (e.g., installing pervious driveways and walkways); directing runoff from roofs and drives to vegetative strips before it leaves the site; and/or managing runoff on the site (e.g., percolation basins); and other low impact design (LID) techniques. The installation of vegetated roadside drainage swales shall be encouraged and, if used, calculated into BMP requirements. The combined set of BMPs shall be designed to treat stormwater runoff up to and including the eighty-fifth-percentile storm event.

4. Runoff Volume. Runoff conveyance systems shall be capable of carrying the computed runoff volume from a twenty-five-year frequency storm or greater if deemed necessary by the director of community development. This may be reduced to a ten-year storm for small watersheds.

5. Interceptors. Concrete ditches, bio-swales or other approved methods capable of intercepting surface runoff waters shall be installed along the top of all cut slopes where the tributary drainage area has a slope ten (10) percent or greater and a horizontal projection greater than forty (40) feet. Interceptor drains shall be paved with a minimum of three inches of concrete or gunite and reinforced. They shall have a minimum depth of twelve (12) inches and a minimum paved width of thirty (30) inches measured horizontally across the drain. The slope of drain shall be approved by the director of community development. Energy dissipaters may be required by the director of community development.

6. Berms. Berms or drainage divides at least one foot high and three feet wide at the base shall be constructed at the top of all fill slopes where runoff would be directed towards the top of fill. Berms, ditches, interceptor drains, or swales shall be constructed at the top of cut and filled slopes for protection against water runoff. Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes towards the cut and has a drainage path greater than forty (40) feet measured horizontally.

7. Over Side Drains. Over side drains shall be of concrete or corrugated metal pipe having a diameter required by runoff calculations, but not less than eight inches, and shall be aligned so as to minimize velocity at discharge points. Alternate designs, such as LID methods, approved by the director of community development may be permitted.

8. Inlets. Inlets shall be constructed of galvanized iron, or approved equivalent, and shall be provided with overflow structures.

9. Outlets. Outlet structures shall be provided with approved velocity reducers, diversion walls, rip-rap, concrete aprons or similar energy dissipaters where necessary and aligned to minimize downstream erosion and reasonably maximize recharge at discharge points, and shall be approved by the director of community development.

10. Culverts. Culvert size and materials shall be determined by the civil engineer in accordance with standard design criteria and as approved by the building official. Minimum diameter shall be eighteen (18) inches.

11. Terraces. Terraces at least six feet in width shall be established at not more than thirty-foot vertical intervals on all cut or fill slopes to control surface drainage and debris except that where only one terrace is required, it shall be at mid-height. For cut or fill slopes greater than sixty (60) feet and up to one hundred twenty (120) feet in vertical height, one terrace at approximately mid-height shall be twelve (12) feet in width. Terrace widths and spacing for cut and fill slopes greater than one hundred twenty (120) feet in height shall be designed by the civil engineer and approved by the director of community development. Suitable access shall be provided to permit proper cleaning and maintenance. Swales or ditches on terraces shall have a minimum gradient of five percent and must be paved with reinforced concrete not less than three inches in thickness or an approved equal paving. They shall have a minimum depth at the deepest point of one foot and a minimum paved width of five feet. A single run of swale or ditch shall not collect runoff from a tributary area exceeding thirteen thousand (13,000) square feet (projected) without discharging into a down drain.

12. Dispersal Structures. An approved drainage dispersal structure shall be constructed wherever it is necessary to convert channel flow to sheet flow.

13. Sensitive Habitat and Groundwater Protection. Runoff from roads and development shall not adversely affect sensitive habitat, groundwater resources and downstream areas, and shall be treated to remove floatable trash, heavy metals and chemical pollutants as necessary prior to discharge into surface or groundwater.

14. Groundwater Recharge Methods. New development shall identify all methods to enhance groundwater recharge.

15. Impervious Surfaces. New development shall be designed to minimize the amount of impervious surfaces in order to maximize the amount of on-site infiltration.

16. Rain Gutters. Approved rain gutters shall be provided to receive all roof water and dispose of the water in a groundwater enhancing and non-eroding manner where the director of community development determines it to be necessary because of steepness of slope or presence of erodible materials. Direct connection of rain gutter outlets to impervious surfaces shall be minimized.

17. Building Site Drainage. All graded building pads shall slope a minimum of five percent for ten (10) feet to an approved drainage device, or as approved by the director of community development. The drainage device shall be an approved system which conducts the water to a street, recharge area or drainage way. The top of footing stems or finish floor, if a concrete slab, shall extend above the top of street curb or inlet to the drainage device by a minimum of six inches plus two percent of the distance from the footing to the drainage device or curb. The director of community development may allow two percent to be used, if, because of terrain or soils, five percent is not reasonably attainable or necessary.

18. Capacity of Drainage Devices. On graded sites, the director of community development may require that drainage devices calculated to convey runoff from a twenty-five-year frequency storm or greater be installed, if deemed necessary to prevent erosion, to conduct stormwater around buildings or structures and to the nearest recharge area, drainage way, or as approved by the director of community development.

19. Appearance of Drainage or Recharge Devices. Where drainage devices are highly visible from the street or located in the public viewshed, they shall be shielded from view, if practical. Where visible, drainage devices shall be compatible with the character of the area and the existing topography. Exposed concrete overside drains are prohibited within these situations unless a visual analysis indicates the prohibition to be unnecessary. If they are visible, the size shall be the minimum necessary to handle drainage and ensure ability to maintain all drainage devices which collect from the slopes, and shall convey drainage by means of underground pipes or rock-lined ditches or other approved materials to blend with the natural topography in character, color and design. Transitions from natural drainage courses to developed areas shall be accomplished with comparable landscaping and grading to blend with existing topography. Detention, retention, or recharge basins shall be designed as a visual and/or recreational amenity within a project whenever practical.

20. Groundwater Recharge. Groundwater recharge elements must be included in the project design to mitigate the impacts on recharge caused by the reduction in the permeability of soil areas on the site, except when any of the following site characteristics exist:

a. High groundwater in the area limits the effectiveness of recharge efforts or enhancing groundwater recharge would create additional problems related to high groundwater.

b. The entire site being developed is shown to contain impervious soils that would not benefit from recharge efforts.

c. There is a known geologic instability that would be negatively impacted by increased groundwater recharge.

d. It can be demonstrated that no additional runoff will occur from the development.

e. Federal or state regulations prohibit recharge.

B. Groundwater Recharge. All areas on the project site that will become impervious or will have their soil permeability impaired (such as compaction of soil under an all weather driveway) must be mitigated to the maximum extent practicable with recharge enhancement elsewhere on the parcel. Off-site mitigation is a secondary alternative.

1. Areas Subject to Flooding. Buildings or structures are not permitted in an area determined by the director of community development to be subject to flood hazard by inundation, overflow, high velocity flows or erosion, except where the buildings or structures comply with the standards in Section 16.44.050, and provisions are made to eliminate identified hazards to the satisfaction of the public works director. These provisions may include providing adequate drainage facilities, protective walls, suitable fill, raising the floor level of the building or structure, or other means. The building and other structures (including walls and fences) shall be placed on the site so that water or mud flow will not be a hazard to on- or off-site structures or adjacent property. In the application of this standard, the director of community development shall enforce as a minimum the current federal flood plain management regulations as defined in the National Flood Insurance Program authorized by United States Code Title 42, Section 4001-4128 and contained in Title 44 of the Code of Federal Regulations, Part 59 et seq., which are hereby adopted and incorporated into this title by reference as though they were fully set forth here.

2. Design of Floodproofing Measures. Floodproofing measures required by the director of community development shall be designed by a licensed architect or registered civil engineer.

3. Subdrains. The director of community development may require the installation of approved subdrains in areas where underground water is anticipated.

4. Runoff Computations. Runoff computations may be made by the "rational method" except where specific methods for calculating individual residential retention basins have been adopted or with the approval of the director of community development.

5. Alternate Designs. Alternate designs which provide equivalent safety and are approved by the public works director may be used in lieu of those contained in this section.

6. Hydromodification Control. If the director of community development has determined that the project could cause off-site erosion or adverse impacts to beneficial uses as a result of an increase in runoff rates and/or duration, the project shall incorporate hydromodification control measures in compliance with low impact development (LID) handbook requirements.

(Ord. No. 660, § 2(Exh. A), 2-25-2014)

A. Requirements. Drainage plans shall be prepared and submitted for review and approval by the director of community development, where a project:

1. Increases or decreases runoff volume or velocity leaving any point of the site beyond those that existed prior to site disturbance activities; or

2. Involves a land disturbance (grading, or removal of vegetation down to duff or bare soil, by any method) of more than twenty thousand (20,000) square feet; or

3. Will result in an impervious surface of more than twenty thousand (20,000) square feet; or

4. Is subject to local ponding due to soil or topographic conditions; or

5. Is located in an area identified by the director of community development as having a history of flooding or erosion that may be further aggravated by or have a harmful effect on the project or adjoining properties; or

6. Is located within a flood hazard (FH) combining designation; or

7. Is located over a known high recharge area identified by the director of community development; or

8. Involves land disturbance or placement of structures within one hundred (100) feet of the top bank of any watercourse shown with a blue line on the most current USGS 7½ minute quadrangle map; or

9. Involves hillside development on slopes steeper than ten (10) percent; or

10. May, by altering existing drainage, cause an on-site erosion or inundation hazard, or change the off-site drainage pattern, including, but not limited to any change in the direction, velocity, or volume of flow.

B. Drainage Plan Content. Drainage plans shall be legible and accurately drawn, at an appropriate scale that will enable ready identification and recognition of submitted information. Director of community development may require drainage plans to be prepared by a registered civil engineer.

1. Basic Drainage Plan Contents. A drainage plan shall include the following information about the site:

a. Flow lines of surface waters onto and off the site.

b. Existing and finished contours at two-foot intervals or other topographic information required by the director of community development.

c. Building pad, finished floor and street elevations, existing and proposed.

d. Location and graphic representation of all existing and proposed natural and manmade drainage facilities for storage or conveyance of runoff, including drainage swales, ditches, culverts and berms, sumps, sediment basins, channels, ponds, storm drains and drop inlets.

e. Proposed floodproofing measures were determined to be necessary by the director of community development and in accordance with Federal Emergency Management Agency (FEMA) requirements.

f. For projects where the director of community development or public works director determines that increased discharge rates and durations could result in off-site erosion or other impacts to beneficial uses, the project shall incorporate appropriate hydromodification measures as identified in the low impact development (LID) handbook. Such measures shall be clearly depicted on the drainage plan.

2. Engineered Plan Content. In addition to the information required by subsection B.1, engineered drainage plans are to include:

a. An evaluation of the effects of projected runoff on adjacent properties and existing drainage facilities and systems.

b. A map showing the drainage area and hydraulic calculations showing the facilities flow carrying capacities for the design storm event and justifying the estimated runoff of the area served by any drain. Include design discharges and velocities for conveyance devices, and storage volumes of sumps, ponds, and sediment basins based on the design storm.

c. Estimates of existing and increased runoff resulting from the proposed improvements and methods for reducing velocity of any increased runoff.

d. Methods for enhancing groundwater recharge that have been incorporated into the project design or an explanation of non-necessity of groundwater recharge for this site.

(Ord. No. 660, § 2(Exh. A), 2-25-2014)

Purpose. The requirements in this section are intended to reduce pollutant discharges to the maximum extent practicable and to prevent stormwater discharges from causing or contributing to a violation of receiving water quality standards, also known as post-construction stormwater management. These requirements also emphasize protecting and, where degraded, restoring key watershed processes to create and sustain linkages between hydrology, channel geomorphology, and biological health necessary for healthy watersheds. Maintenance and restoration of watershed processes impacted by stormwater management is necessary to protect water quality and the beneficial uses of surface and groundwater.

A. Regulated Projects. Regulated projects include all new development or redevelopment projects, both discretionary and ministerial, that create and/or replace at least two thousand five hundred (2,500) square feet of impervious surface (collectively over the entire project site).

B. Stormwater Control Plan (SWCP) Required. Prior to acceptance of an application for a construction permit, grading permit, land use permit or subdivision application associated with a regulated project, as defined in this section, the applicant shall submit a stormwater control plan. The SWCP shall demonstrate compliance with all applicable post construction requirements for the Central Coast Region, adopted by the Central Coast Regional Water Quality Control Board under Order R3-2013-0032 and comply with the city's design requirements for post construction compliance adopted by the city and incorporated herein by this reference, on file in the community development department.

1. Site Design Checklist. The SWCP for all projects subject to this section shall demonstrate that the following design strategies have been pursued in order to reduce runoff:

a. Limit disturbance of creeks and natural drainage features.

b. Minimize compaction of highly permeable soils.

c. Limit clearing and grading of native vegetation at the site to the minimum area needed to build the project, allow access, and provide fire protection.

d. Minimize impervious surfaces by concentrating improvements on the least-sensitive portions of the site, while leaving the remaining land in natural, undisturbed state.

e. Implement at least one of the following strategies:

i. Direct roof runoff into cisterns, rain barrels, underground storage, or a similar mechanism for reuse.

ii. Direct roof runoff onto vegetated areas safely away from building foundations and footings, consistent with the California Building Code.

iii. Direct roof runoff from sidewalks, walkways, and/or patios onto vegetated areas safely away from building foundations and footings, consistent with the California Building Code.

iv. Direct runoff from driveways and/or uncovered parking lots onto vegetated areas safely away from building foundations and footings, consistent with the California Building Code.

v. Construct bike lanes, driveways, uncovered parking lots, sidewalks, walkways, and patios with permeable surfaces.

C. Stormwater Quality Standards. Stormwater control plans shall be reviewed for consistency with the post-construction stormwater control standards identified in Central Coast Regional Water Quality Control Board Order R3-2013-0032, or subsequent amendments thereto. Standards contained in this order include, but are not limited to, the following:

1. Parking Lots. Parking lots with an area of five thousand (5,000) square feet or more, or twenty-five (25) parking spaces or more, shall minimize potential for oil, grease, and other water insoluble hydrocarbons from vehicle drippings and leaks from entering the stormwater conveyance system. Plans shall provide for the following:

a. Treat to remove oil and petroleum hydrocarbons; and

b. Ensure adequate operation and maintenance of treatment systems, particularly sludge and oil removal and system fouling and plugging prevention control. At a minimum, this shall include a maintenance program which is funded and carried out by the property owner.

2. Maintenance. Longterm maintenance of BMPs shall be established through the recordation of a maintenance agreement and/or covenants, conditions, and restriction (CC&Rs), unless the project does not include structural or treatment control BMPs. This agreement shall be recorded prior to or concurrent with issuance of a construction permit. In order to verify that BMPs will be maintained, the agreement shall do the following:

a. Designate Responsibility. Identify the party who is responsible for long-term maintenance of structural and treatment control BMPs.

b. Address Transfer of Responsibility. Address how BMPs will be maintained once property has been transferred to private landowners, a homeowners association, or a public entity.

c. Reference Educational Materials. Educational materials shall be required to accompany the first deed transfer. These materials shall provide information on what stormwater management facilities are present, signs that maintenance is needed, how the necessary maintenance can be performed, and assistance that the applicant can provide to the new landowner. The transfer of this information shall also be required with any subsequent sale of the property.

d. Address Operations and Maintenance Reporting. Address how and when longterm operations and maintenance will be verified and reported to the city.

(Ord. No. 660, § 2(Exh. A), 2-25-2014)

A. Requirements. An erosion and sedimentation control plan shall be required year-round for the following types of projects:

1. Construction and Grading. All construction and grading permit projects.

B. Water Pollution Control Plan (WPCP). All erosion and sedimentation control plans shall be accompanied with a complete WPCP application, unless exempted by the director or the public works director. Best management practices (BMPs) shall be in compliance with CASQA handbook or equivalent. A project SWPPP also can serve as the WPCP.

C. Erosion and Sedimentation Control Plan Content. An erosion and sedimentation control plan shall address pre-construction, during construction, and post-construction measures. Measures shall be in place to control erosion and sedimentation prior to the commencement of grading and site disturbance activities unless the director of planning and building or the public works director determines temporary measures to be unnecessary based upon location, site characteristics or time of year.

Plans may be incorporated into and approved as part of a grading or drainage plan, but must be clearly identified as an erosion and sedimentation control plan. Erosion and sedimentation control plans are reviewed and approved by the director of planning and building or the public works director. The plan shall be prepared by a certified sediment and erosion control specialist, a registered civil engineer, registered architect or landscape architect, certified California nurseryman, licensed landscape contractor, resource conservation district or USDA natural resources conservation service specialist, or other qualified persons acceptable to the department of planning and building with competence and experience in erosion control plan preparation and implementation.

The plan shall consist of graphic and narrative information of sufficient clarity to indicate the nature, extent, location and placement recommendations (including installation procedures and requirements) of the erosion and sedimentation control measures proposed and show in detail that they will conform to the provisions of this chapter. The location of all practices, methods and devices shall be shown on the grading plan, or on a separate plan at the discretion of the director. If separate, it shall be attached to the grading plan used in the field. The plan shall contain, but need not be limited to, all the following information unless some of the information is waived by the director of community development or the public works director as not needed for the review of a particular site and its characteristics grading limits shall be graphically defined on the plan and staked out before site disturbance begins.

1. Proposed pre-construction, during construction, and post-construction methods and a description of the practices to be used for cut or fill slopes to prevent erosive surface runoff.

2. A statement signed by the individual preparing the plan certifying that the amount of site disturbance proposed has been reduced to the maximum extent practicable complies with all applicable standards in this chapter.

(Ord. No. 660, § 2(Exh. A), 2-25-2014)

A. Requirement Criteria. Unless exempted by the RWQCB, a stormwater pollution prevention plan (SWPPP) is required prior to issuance of grading and/or construction permits, and/or prior to approval of subdivision improvement plans, for a project that involves clearing, grubbing, grading, or disturbance to the ground such as stockpiling or excavation that:

1. Results in site disturbance of one acre or more of land area; or

2. Results in site disturbance of less than one acre if the activity is part of a larger common plan of development that encompasses one acre or more of site disturbance.

(Ord. No. 660, § 2(Exh. A), 2-25-2014)

Stormwater Pollution Prevention Standards. Projects requiring a SWPPP shall comply with the standards outlined in SWRCB General Construction Permit Number CAS000002, or any subsequent general construction permits that amend or replace Permit CAS000002. The SWPPP must utilize BMPs consistent with the California Storm Water Quality Association (CASQA) BMP Handbook or equivalent.

(Ord. No. 660, § 2(Exh. A), 2-25-2014)

Excavation, grading, filling, clearing and erosion control work for which a permit is required shall be subject to inspection by the community development department (planning, building and engineering divisions) to assure compliance with the approved plans. The director of community development may require supervision, regular inspection, and special testing be performed and certified by the civil engineer (or other professional) who prepared the approved plan; and the civil engineer shall also be responsible for the inspection and approval of work within his or her area of technical specialty. This responsibility shall include, but need not be limited to, inspection and approval as to the establishment of line, grade and drainage of the development area.

The director of community development may also require special supervision, inspection and testing be performed by an independent, approved testing agency to ensure compliance with this chapter, the permittee's permit concerns, and/or in accordance with the provisions of Section 306 of the California Building Code and Section 13.24.060 of this chapter. Approved plans for grading, vegetation removal work, and erosion and sedimentation control (or SWPPP if required) bearing the stamp of the city of Arroyo Grande Engineering or Building Departments shall be maintained at the site during the progress of the work. The director of community development shall inspect or provide for adequate inspection of the project by appropriate professionals at the various stages of the work requiring approval, and at any more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants.

Notification. The permittee shall notify the director of community development two working days prior to the beginning of the operation authorized by the permit, two working days before the project is ready for final inspection, and one complete working day prior to any other inspection or testing requested by the permittee.

Right of Entry. Filing for a permit under this chapter constitutes a grant of permission for the city to enter the permit area for the purpose of administering this chapter from the date of the application to the termination of the erosion control maintenance period. If necessary, the director of community development shall be supplied with a key or lock combination, or permitted to install a city lock.

1. Required Inspections. Inspections for a grading permit shall be made as provided herein and work shall not continue until approval to proceed has been granted following the requested inspection. The permit holder shall be responsible for requesting inspection through the director of community development as follows:

a. Pre-site inspection to determine the suitability of the proposed project and the existing and potential erosion and sediment hazards.

b. Pre-Construction Meeting. At the director of community development discretion, a pre-construction meeting may be required due to site characteristics, required mitigation measures, or complexity of the proposal. Qualified professionals may need to be in attendance.

c. Pre-Construction Stormwater Inspection. When the permit holder is ready to begin work, but before any grading or vegetation removal has occurred, inspect and review erosion and sedimentation control BMPs with permit holder to ensure all necessary sediment controls are in place. Subsequent site inspections may be conducted at any time during the life of the project to determine compliance with the erosion and sedimentation control plan and/or stormwater pollution prevention plan and to ensure that BMPs are being maintained, are effective as installed and to verify that no pollutants of concern are being discharged into receiving water bodies.

d. Excavation Inspection. After the excavation is started, but before the vertical depth of the excavation exceeds ten (10) feet.

e. Fill Inspection. After the placement of fill is started, but before the vertical height of the fill exceeds ten (10) feet, and at two-foot vertical increments thereafter unless waived by the director of community development. In addition, the fill must be inspected by a qualified lab requiring testing for each two feet of fill, or as defined in the soils report.

f. Key and Bench Inspection. After keys and benches are excavated, but before fill is placed.

g. Rough Grade Inspection. When all rough grading has been completed, including terraces, swales, and other drainage devices.

h. Post-Construction Stormwater Inspection. When all work has been completed, all disturbed areas of the construction site have been stabilized, and all longterm (permanent) stormwater pollution prevention and erosion and sedimentation control measures have been installed. Consistent with the general construction permit (where applicable) and city requirements, in order for the post-construction stormwater inspection to be approved, all soil disturbing activities shall have been completed and one of the following shall have been met:

i. A uniform vegetative cover of seventy (70) percent coverage has been established. In arid areas where native vegetation covers less than one hundred (100) percent of the surface, the seventy-percent coverage criterion shall be proportionally adjusted (i.e. where native vegetation covers fifty (50) percent: 0.50 x 0.70 = 0.35 - 35 percent); or

ii. Equivalent stabilization measures have been employed (e.g. fiber blankets, channel liners, mulch, etc.).

iii. All temporary erosion and sediment control measures that are no longer needed have been removed.

i. Final Inspection. When all work, including installation of drainage structures, other protective devices, planting, slope stabilization and all erosion control measures has been completed in accordance with the final approved plan and the required reports have been submitted to the director of community development and accepted as complete.

j. Other Inspections. In addition to the inspections above, such other inspections of any work to ascertain compliance with the provisions of this chapter and other laws and regulations as may be required by the director of community development including requirements of the NPDES permit of the city of Arroyo Grande for its stormwater discharges. A licensed landscape architect, qualified biologist, archeologist, agricultural advisor, or other qualified professional may be required to be present during inspections.

k. Rainy Season Inspection. During the rainy season (between October 15 and April 15), inspections shall be conducted to verify compliance with required BMPs based on potential for threat to water quality, as determined by the director of community development. Criteria to be considered include area of disturbance, earthwork quantities, and proximity to watercourses. Based on this assessment, a threat priority will be assigned and inspections shall occur as follows:

High priority construction sites are defined as all projects subject to the construction general permit and a subset of projects not subject to the construction general permit that meets one or more of the following circumstances: Discharges directly drain to a creek, involves site work on slopes of twenty (20) percent or greater, involves hillside development on slopes steeper than ten (10) percent, involves more than twenty thousand (20,000) square feet of land disturbance, include excavation of one hundred (100) CY of materials or more, and/or that have grading located within a geologic study or flood hazard areas.

Low priority construction sites include all those that consist primarily of interior improvements only. Medium construction site priority are those that are neither defined as low or a high construction site priority.

A. Exposure of Work. Whenever any work for which inspections are required is covered or concealed by other work without having been inspected, the director of community development may require that such work be exposed for examination.

B. Post Construction and Other Inspections.

1. Best Management Practices (BMPs). Inspectors of the engineering department may inspect for adequate installation and functionality of BMPs prescribed by the erosion and sedimentation control plan or SWPPP at any time throughout the year. The inspectors may identify maintenance and repair needs on the site with the permit holder, or permit holder's agent, to ensure compliance with the minimum requirements of BMPs.

2. Corrective Action. If the director of community development determines by inspection that grading as authorized is likely to endanger public health, safety or welfare in the deposition of debris on any public street, or interfere with any existing drainage course, the director of community development may require that reasonable safety precautions be taken to remove such likelihood of danger. Written notice to comply shall be provided to the permit holder allowing no more than ten (10) days for corrections to begin unless an imminent hazard to the public health, safety or welfare exists, in which case the corrective work shall begin immediately.

C. Special Reports. Periodic reports by a geotechnical engineer, an engineering geologist, or other qualified professional, certifying the compaction or acceptability of all fills may be required. These shall include, but not be limited to, inspection of cleared areas and benches prepared to receive fill and removal of all unsuitable materials, the bearing capacity of the fill to support structures, the placement and compaction of fill materials, and the inspection of buttress fills, subterranean drains, cut slopes and similar devices.

D. Inspection by Others.

1. Where the nature of the project, type of soils, geologic conditions or drainage dictate that special engineering, geotechnical engineering, or geological inspections are necessary to prevent danger to public health, safety or welfare, the director of community development may require the permit holder to retain one or more of the following:

a. A civil engineer: to supervise and coordinate all field surveys and the setting of grade stakes in conformity with the plans, to check elevation of grades, inclination of slopes, installation of drainage structures and other matters related to the geometric design of the work, including the design of revised or modified plans, if necessary.

b. A geotechnical engineer: to provide either periodic or continuous inspection of all soils work, including grading and compaction.

c. An engineering geologist: to provide geological inspections.

d. Resource conservation district: to provide inspections related to drainage and soil erosion prevention.

E. Inspection Process.

1. Grading shall not be commenced until the permit holder or agent has signed an inspection agreement to allow the inspector to make the required entries thereon regarding inspection of the work.

2. The permit holder, agent, or contractor shall have an approved set of grading, drainage and erosion and sedimentation control plans, and stormwater pollution prevention plan (if required), on the site and available at all times while work is in progress until final approval. The plans and specifications shall also include any mitigation measures approved by the environmental coordinator (if applicable).

3. In the absence of a specific work site designation, the director of community development may require the site to be surveyed and staked by a civil engineer or land surveyor licensed by the state of California so that the proper location of the work on the lot or parcel may be determined.

4. Inspections for a grading permit shall be made as provided herein and work shall not continue until approval to proceed has been granted, following inspection. The permit holder shall be responsible for notifying the engineering division at least twenty-four (24) hours prior to the time when an inspection is necessary.

5. Where the nature of the project, type of soils, geologic condition, drainage, or weather conditions dictate that special engineering, geotechnical engineering, geological, or erosion and sedimentation or asbestos control inspections are necessary to prevent danger to public health, safety or welfare, the director of community development may require the permit holder to retain a licensed professional qualified to perform the following:

a. Supervise and coordinate all field surveys and the setting of grade stakes in conformity with the plans; to check elevations or grades; inclination of slopes; elevation and grades of drainage structures and other matters related to the geometric design of the work, including the design of revised or modified plans and "as-graded" plans, if necessary.

b. Provide either periodic or continuous inspection of soils work, including grading and compaction.

c. Provide geological inspections.

d. Inspect all erosion and sedimentation runoff control measures and revegetation practices applied to the site.

6. Where the nature of the project dictates that special environmental monitors be required, the environmental review process and mitigation measures shall establish the manner and timeframe in which this review shall occur. In these instances, the director of community development may require the permit holder to retain a qualified professional to perform the work identified from these measures.

7. If the civil engineer, geotechnical engineer, geologist, or sediment and erosion control specialist find that the work is not being performed in substantial conformity with this chapter or the approved plans and specifications, notice shall be given to the person in charge of the grading work and to the director of community development. No work shall proceed unless and until the issuance of such written notice from the director of community development that work may proceed.

8. If the director of community development determines by inspection that grading as authorized is likely to endanger sensitive resources, public health, safety, or welfare in the deposition of debris on any public or private property, or interfere with any existing drainage course, the director of community development shall require that effective precautions be taken to remove such likelihood or danger. Written notice to comply shall be given to the permit holder allowing no more than ten (10) days for corrections to begin unless an imminent hazard to sensitive resources or the public health, safety or welfare exists, in which case the corrective work shall begin immediately.

9. Final inspection, as required in this chapter, shall be made to the satisfaction of the director of community development.

(Ord. No. 660, § 2(Exh. A), 2-25-2014)

A. Stop Work Order.

1. Whenever any grading, construction or earthwork is being done contrary to the provisions of any approval or of any rule, regulation, law or ordinance, or whenever approval was based upon purposeful misinformation or misrepresentation, or whenever the public health, safety or welfare is endangered, or any work is not in compliance with the plans or permits approved for the project, the director of community development shall issue a written notice or stop work order on the portion of the work affected. Such notice or order to stop work shall be served upon the property owner and any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the director of community development to proceed with the work in writing. The notice or order shall state the reason for the notice and no work shall be done on that portion until the matter has been corrected and approval obtained from the director of community development. The order may specify actions necessary to restore the site or provide temporary measures for erosion and sedimentation control until the stop work order has been removed.

2. It shall be unlawful for any person to commence or continue any work regulated under the provisions of this chapter in violation of, or contrary to any stop work notice or stop work order issued in compliance with this section, except in conformity to the terms of such order or notice of order, or until relief from such order is obtained from the director of community development or, upon appeal, from the city council.

B. Violations and Penalties.

1. Any person, firm, contractor, or corporation whether as principal, agent, employee or otherwise who shall commence, construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any provision of this chapter is subject to civil and/or criminal action. The city council hereby declares that any grading done contrary to the provisions of this code is unlawful and a public nuisance. The offense may be filed as either an infraction or a misdemeanor at the discretion of the city of Arroyo Grande City Attorney.

2. In addition to any penalties prescribed, the director of community development shall submit a written report to the appropriate state licensing or professional registration board or society in cases where contractors or professional consultants violate the provisions of this code.

3. Any person violating any of the provisions of this chapter shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted.

4. Paying a fine or serving a jail sentence shall not relieve any person from responsibility for correcting any condition which violates any provision of this title.

C. Injunctions, Civil Remedies, Penalties, and Costs.

1. Any person, firm, contractor, or corporation whether as principal, agent, employee or otherwise who shall commence, construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or causes the same to be done, contrary to or in violation of any provision of this chapter shall be subject to injunction against such activity and shall be liable for a civil penalty for each day that the violation continues to exist.

2. When the city council determines that any person has engaged or, is engaged, in any act(s) which constitute a violation of provision(s) of this chapter, or order issued, the city attorney or the city council may make application to the superior court for an order enjoining such acts or practices, or for an order directing compliance, and upon a showing that such person has engaged in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted by a superior court having jurisdiction over the cause.

3. Any person, firm, or corporation whether as principal, agent, employee or otherwise who shall commence, construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or causes the same to be done, contrary to or in violation of any provision of this chapter shall be liable for and obliged to pay to the city of Arroyo Grande for all costs incurred by the city in investigating and obtaining abatement or compliance, or which are attributable to or associated with any enforcement or abatement action, whether such action is administrative, injunctive or legal; and for all damages suffered by the city, its agents, officers or employees as a result of such violation or efforts to enforce or abate the violation.

4. Until all costs, fees and penalties assessed under this chapter are paid in full, no final approval, certificates of completion, certificates of compliance, certificates of occupancy, land use permits or subdivision maps shall be issued or approved by the planning and building department, public works department, other city agencies, or the city council.

5. In determining the amount of civil penalty to impose, the court shall consider all relevant circumstances, including but not limited to, the extent of the harm caused by the conduct constituting the violation; the nature and persistence of such conduct; the length of time over which the conduct occurred; the assets, liabilities and net worth of the persons responsible, whether corporate or individual; any corrective action taken by the persons responsible; and the cooperation or lack of cooperation in efforts toward abatement or correction.

D. Additional Actions and Remedies.

1. Notice of Violation Recordation. Whenever the director of community development determines that work has not been completed in accordance with a permit or the plans and specifications relating thereto, or whenever the director of community development determines that work has been done without the required permit, the director of community development may record a notice of violation. The owner(s) of the property, as revealed by the assessment roll on which the violation is situated, and any other person responsible for the violation shall be notified of the recordation, if their address is available. If the responsible party fails to act in response to written notification of the director of community development, an erosion problem may be declared a public nuisance and may be abated according to procedures in the Municipal Code. Where there is an emergency condition of erosion or sediment damaging a waterway, marsh, other body of water, or private or public property, the director of community development may have the necessary corrective work done and then bill the responsible party or place a lien against the offending property.

2. Any person who violates any provision of this chapter or who violates any stop work order or notice may also be in violation of the Federal Clean Water Act and/or the State Porter-Cologne Act and may be subject to prosecution under those Acts, including civil and criminal penalties.

3. Any person who knowingly makes any false material statement, representation, or certification in any record or other document submitted or required to be maintained by this chapter or the general construction permit is subject to civil or criminal action.

4. Any person who violates any order issued by the city for violation of the provisions of this chapter regulating or prohibiting discharge of both stormwater and non-stormwater, and which causes, or threatens to cause, pollutants to enter the city's stormwater conveyance system shall be liable for such amounts that the city may be fined by the State Water Resources Control Board (SWRCB) or Regional Water Quality Control Board (RWQCB), or the amount of any civil liability imposed on the city for non-compliance with the SWRCB permits.

E. Additional Procedures for Unauthorized Grading.

1. Additional Procedures to Remedy Unauthorized Grading Without a Permit—Finding and Declaration. The city council finds and declares that unauthorized grading without a permit often results in soil erosion, drainage, visual and other destructive long-term impacts which are not satisfactorily alleviated or corrected by the usual enforcement procedures, such as criminal violations or judicial proceedings concerning public nuisances. Further, such grading often causes harm unique to the graded parcel and the properties surrounding it, and the long-term correction measures for each such unauthorized grading requires detailed consideration and formulation, usually after formal public hearings.

a. Upon discovery of unauthorized grading without a permit, the director of community development shall, where feasible, contact the owner of the property upon which the grading occurred, and the person who did the grading. If the building official and the owner and contractor can agree within thirty (30) days upon a remedial program which can be accomplished in no more than ninety (90) days, no further city action shall be required at that time. The director of community development shall obtain a cash bond from the owner or contractor, payable upon request, and a right-of-entry form signed by the owner to guarantee the city's right to do the remedial program as agreed if not done by the owner or contractor within the agreed time period.

b. If the director of community development cannot reach such a satisfactory agreement, he or she shall, within thirty (30) days, submit a detailed report and recommendations to the city manager and city council requesting the initiation of formal council proceedings under the city's nuisance abatement ordinance to abate the public nuisance created on the premises by the unauthorized grading. The object of such proceedings shall be the ordering of corrective measures, subject to the city's power to correct the problem and place a lien upon the real property for all costs of correction. For purposes of the nuisance abatement proceedings, the city council declares that unauthorized grading without a permit is a public nuisance, per se.

F. Remedies Not Exclusive. The remedies identified in this chapter are in addition to and do not supersede or limit any other remedies, including administrative, civil and/or criminal remedies pursuant to federal, state, and local law. The remedies provided in this chapter shall be cumulative and not exclusive.

(Ord. No. 660, § 2(Exh. A), 2-25-2014)

A. General. No person shall cause or allow the persistence of a condition on any site that could cause accelerated erosion. Accelerated erosion shall be controlled and/or prevented by the responsible person or the property owner by using practices outlined hereinafter as applicable. Additional measures may be necessary, and may be specifically required by the building official when work is on geological unstable areas, thirty (30) percent or steeper slopes, and/or on soils with a severe erosion hazard rating by a USDA Soil Survey. Soil sterilants that last longer than four weeks shall not be used on soils or slopes which may subsequently need vegetation for erosion and sediment control. Where feasible, erosion hazard problems shall be controlled no later than the beginning of the next winter or adverse season.

B. Hazardous Conditions. Whenever the director of community development determines that any existing excavation or embankment or cut or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way, drainage channel or causes significant impact on the natural resources of the area, the owner of the property upon which the excavation, cut or fill is located, or other person or agent in control of the property, upon receipt of notice in writing from the director of community development shall, within the period specified therein, repair or eliminate such hazard and conform with the requirements of this chapter.

C. No permits of any kind shall be issued if the director of community development determines that proposed construction work is hazardous to the extent described above, or the work is subject to a major flood hazard dangerous to life or property, and which hazard cannot be eliminated, prevented, or corrected.

(Ord. No. 660, § 2(Exh. A), 2-25-2014)

Fees for grading permits and grading, drainage, and erosion and sedimentation control plan checking shall be as set forth in the fee ordinance adopted by the city council. In compliance with the adopted fee schedule, the director of community development may require payment of actual recorded costs, plus overhead, for those applications which will exceed city fees for processing, plan checking, administration, and/or inspection.

(Ord. No. 660, § 2(Exh. A), 2-25-2014)

The director of community development may require bonds in such form and amounts as may be deemed necessary to assure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions. In lieu of a surety bond the applicant may file a cash bond or instrument of credit with the director of community development in an amount equal to that which would be required in the surety bond. The surety bond, or in lieu thereof, less the costs of remedial work, if any, shall be released when the director of community development determines that the best management practices for erosion and sediment control practices have permanently stabilized the site, but not later than eighteen (18) months after installation of all permanent erosion control practices.

(Ord. No. 660, § 2(Exh. A), 2-25-2014)