Dana Point Municipal Code Art. 2 Definitions

"Approval"

shall mean a written engineering or geological opinion by the responsible engineer, geologist of record or responsible principal of the engineering company concerning the progress and completion of the work unless it specifically refers to the Director.

"Approved plans"

shall mean the current grading plans which bear the signature of approval of the Director.

"Approved testing agency"

shall mean a facility whose testing operations are controlled and monitored by a registered civil engineer and which is equipped to perform and certify the tests required by this Code, or the Grading Manual, as determined by the Director. This determination may be appealed to the City Council.

"Borrow"

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

"Building Official"

shall mean the Director of Community Development or the Director's duly delegated representative.

"City Inspector"

shall mean an inspector duly authorized by the Director to perform inspection of grading, concrete placement and related constructed work or other grading-related work approved by the Director.

"Civil engineer"

shall mean a professional engineer registered in the State of California to practice in the field of civil engineering.

"Civil engineering"

shall mean the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials for the evaluation, design, and construction of civil works for the beneficial uses of mankind.

"Clearing, brushing, and grubbing"

shall mean the removal of vegetation (grass, brush, trees, and similar plant types) by mechanical means.

"Commercial coach"

means a vehicle with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes, and shall include a trailer coach.

"Compaction"

means the densification of a fill by mechanical means.

"Director"

shall mean Director of Public Works and Engineering Services or the Director's duly delegated representative.

"Earth material"

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

"Engineering geologist"

shall mean a geologist certified in the State of California to practice engineering geology.

"Engineering geology"

shall mean 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 as a result of the movement of wind, water, and/or ice.

"Erosion control system"

means an effective combination of source control practices that protect the soil surface and prevent soil particles from being detached by rainfall, flowing water or wind, and sediment control practices that trap soil particles after they have been detached and moved by rain, flowing water or wind, to protect adjacent private property, watercourses, public facilities and receiving waters from an abnormal deposition of sediment or dust.

"Excavation"

means the mechanical removal of earth material.

"Fill"

means a deposit of earth material placed by artificial means.

"Grade"

shall mean the vertical location of the ground surface.

(1)

"Existing grade"

is the ground surface prior to grading.

(2)

"Finish grade"

is the final grade of the site which conforms to the approved plan.

(3)

"Natural grade"

is the ground surface unaltered by artificial means.

(4)

"Rough grade"

is the stage at which the grade approximately conforms to the approved plan.

"Grading"

means any excavating or filling or combination thereof.

"Grading contractor"

means a contractor licensed and regulated by the State of California who specializes in grading work or is otherwise licensed to do grading work.

"Grading permit"

means an official document or certificate issued by the Director authorizing grading activity as specified by approved plans and specifications.

"Hillside site"

means a site which entails cut and/or fill grading of three feet or more in vertical height below or above natural ground; or a combination fill-over-cut slope equal to or greater than five feet in vertical height; or where the existing grade is 20% or greater; and which may be adversely affected by drainage and/or stability conditions within or from outside the site, or which may cause an adverse effect on adjacent property.

"Mobile home"

means a structure, transportable in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system. Mobile home does not include recreational vehicle, commercial coach, or factory-built housing.

"Natural state"

is the natural environment which existed prior to any grading and includes but is not limited to native plants and natural undulating slopes with environmentally sensitive habitat indigenous to the area.

"Owner"

means any person, agency, firm, or corporation having a legal or equitable interest in a given real property.

"Precise grading permit"

means a permit that is issued on the basis of approved plans which show the precise structure location, finish elevations, and all on site improvements.

"Rainy season"

is predetermined by the City and at the time of this printing is established as from October 1st through April 30th.

References.

Unless indicated otherwise, or as reasonably appears from the context, references in this Code to the civil engineer, the soil engineer, the geologist, and the engineering geologist refer to the professional person(s) preparing, signing, or approving the project plans and specifications which comprise the approved grading plan, and which professional person appears of record pursuant to Article 3 of this Chapter or that person's successor appearing pursuant to Section 8.01.440, Transfer of Responsibility for Approval.

"Rough grading permit"

means a permit that is issued on the basis of approved plans which need not show a structure location but must show interim building pad drainage to the degree required by the Director.

"Site"

means any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

"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 surficial deposits overlying bedrock.

"Soil engineer"

means a civil engineer duly registered in the State of California whose field of expertise is soil mechanics.

"Soil engineering"

shall mean 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.

"Special inspector"

means an inspector duly licensed by the Director to perform inspection of asphalt concrete placement and related construction work or other grading-related work approved by the Director.

"Stockpiling"

shall mean imported compactable earth greater than 25 cubic yards temporarily placed for future fill on or off site (no deleterious material).

"Storm water permits"

are any permits issued by a regional, state or federal agency regulating storm water flow over and from any project subject to this division, including, but not limited to, National Pollutant Discharge Elimination System ("NPDES") permits for Municipal Separate Storm Sewer Systems (MS4) permits and state general permits.

"Terrace"

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

"Water quality requirements"

are requirements relevant to activities subject to storm water permits.

(Added by Ord. 98-03, 3/10/98; amended by Ord. 03-04, 2/12/03; Ord. 03-18, 12/10/03; Ord. 10-09, 10/25/10)