Escondido Municipal Code § 33-1052 Definitions

Prior history: Zoning Code, Ch. 70, §§ 7001 through 7015 as amended by Ord. Nos. 89-18, 91-53, 91-54, 92-27, 93-11 and 95-21.

The purpose of this article is to assure that development occurs in a manner which protects the natural and topographic character and identity of the environment, the visual integrity of hillsides and ridgelines, sensitive species and unique geologic/geographic features, and the health, safety, and welfare of the general public by regulating grading on private and public property and providing standards and design criteria implementing best management practices to control stormwater and erosion during all construction activities for all development.

(Ord. No. 2001-21, § 5, 8-22-01)

This article sets forth rules and regulations to control excavation, grading, earthwork construction including fills and embankments, and development on hillsides and along ridgelines; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading construction necessary for compliance with stormwater management requirements.

(Ord. No. 2001-21, § 5, 8-22-01)

For the purposes of this chapter the definitions listed hereunder shall be construed as specified in this section:

"Approval"

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

"As-graded"

means the extent of surface conditions 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)"

means specific stormwater management techniques that are applied to manage construction site runoff and minimize site erosion.

"Borrow"

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

"Civil engineer"

means a professional engineer registered in the state to practice in the field of civil works.

"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 for the beneficial uses of mankind.

"Clearing"

includes the modification or trimming or pruning or destruction or removal of vegetation.

"Compaction"

means the densification of a fill by mechanical means.

"DBH (diameter breast height)"

is the diameter of a tree trunk four and one-half (4½) feet above the natural grade.

"Director"

shall refer to the director of community development.

"Dripline"

is the outermost edge of the tree's canopy.

"Earth material"

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

"Engineering geologist"

means a geologist experienced and knowledgeable in engineering geology.

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

"Erosion control system"

means permanent and/or temporary erosion control devices/features installed in graded areas to prevent erosion and site runoff.

"Excavation"

means the mechanical removal of earth material.

"Fill"

means a deposit of earth material placed by artificial means.

"Grade"

means the vertical location of the ground surface.

(1)

"Existing grade"

is the grade prior to grading;

(2)

"Rough grade"

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

(3)

"Finish grade"

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

"Grading"

means any excavating or filling or combination thereof.

"Hillside area"

means a parcel or portion of a parcel with slope over 15% which is shown as such on the hillside and ridgeline overlay map on file with the City of Escondido planning division.

"Hillside and Ridgeline Overlay (HRO) District"

is defined on the hillside and ridgeline overlay map on file with the City of Escondido. The overlay district generally encompasses parcels with a slope of 15% or greater on any portion of the parcel, and/or located in proximity to an identified intermediate or skyline ridge, and located in an area that has not been developed to its full potential at the time of adoption of the ordinance codified in this chapter.

"Intermediate ridge"

means a long, narrow, conspicuous elevation identified on the hillside and ridgeline overlay map on file in the planning division. The precise location shall be determined during the project review process. Intermediate ridges generally have visible land behind them which creates a backdrop to the ridge and generally have the height from 500 feet to 900 feet mean sea elevation in the south portions of the city and from 900 feet to 1,500 feet mean sea elevation in the north portions of the city as separated by El Norte Parkway.

"Key"

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

"Landscaping"

means vegetation:

(1)

"Ornamental landscaping"

includes all vegetation, but excludes required landscaping, sensitive biological habitat, mature trees, and protected trees.

(2)

"Required landscaping"

is landscaping specifically mandated as a condition of approval by either the administrative or discretionary approval process relating to land use compatibility, ordinance development standards, environmental mitigation, and/or required slope planting ratios.

"Mature tree"

is any self-supporting woody perennial plant, native or ornamental, with a single well-defined stem or multiple stems supporting a crown of branches. The single stem, or one of the multiple stems of any mature oak tree (genus quercus), shall have a diameter four inches or greater when measured at four and one-half (4½) feet DBH above the tree's natural grade. All other mature trees shall have a diameter of eight inches DBH, or greater, for a single stem or one of the multiple stems.

"Permanent erosion control devices"

means features installed on-site for the permanent control of erosion and site runoff, including, but not limited to, required landscaping, permanent desilting basins, etc. (see also City of Escondido Stormwater Management Requirements document).

"Professional"

shall refer to a qualified botanist, certified arborist, or other qualified professional acceptable to the director of community development.

"Protected tree"

is any oak (genus quercus) which has a 10 inch or greater DBH, or any other species or individual specimen listed on the local historic register, or determined to substantially contribute to the historic character of a property or structure listed on the local historic register, pursuant to Article 40 of the Escondido Zoning Code.

"Record plan"

means a final plan certified by the project civil engineer to reflect "as-built" conditions.

"Routine maintenance"

includes trimming, pruning, weeding, mowing, replacement or substitution of vegetation in ornamental and required landscapes. Routine maintenance does not include the removal or alteration of sensitive biological habitats and/or sensitive biological species or removal and replacement of mature or protected trees.

Trimming, pruning, and shaping of mature or protected trees shall not involve topping but may allow removing up to one-third (⅓) of the living crown during a single pruning in order to establish or maintain a crown ratio that is twice as high as the trunk or as deemed appropriate by the director.

"Sensitive biological habitat"

is any biological habitat that supports or has the potential to support any rare, endangered, threatened or candidate species of plants, trees, or animals or species of special concern as defined by the California Endangered Species Act (Fish and Game Code Section 2050 et seq.) or Federal Endangered Species Act (16 U.S. C1531 et seq.).

"Sensitive biological species"

is any rare, endangered, threatened or candidate species of plants, trees or animals, or species of special concern as defined by the California Endangered Species Act (Fish and Game Code Section 2050 et seq.) or Federal Endangered Species Act (16 U.S. C1531 et seq.).

"Site"

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

"Skyline ridge"

means a long, narrow, conspicuous elevation identified on the hillside and ridgeline overlay map on file in the planning division. The precise location shall be determined during the project review process. Skyline ridges generally define the horizon and have the height over 900 feet mean sea elevation in the south portions of the city and over 1,500 feet mean sea elevation in the north portions of the city as separated by El Norte Parkway.

"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.

"Soils engineer"

means a civil engineer experienced and knowledgeable in the practice of soils engineering.

"Soils 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.

"Stormwater Discharge Permit"

means Order No. 2001-01 NPDES No. CASO108758 and amendments thereto, issued by the California Regional Water Quality Control Board, San Diego Region identifying Waste Discharge Requirements for discharges of urban runoff within the San Diego Region.

"Stormwater Management Requirements"

(separate document adopted by resolution and as amended, available at engineering and planning counters) means techniques required to minimize erosion and manage construction site runoff.

"Temporary erosion control device"

means interim features installed on-site during construction to control erosion and site runoff, including, but not limited to, geotextiles and mats, sandbagging, temporary drains and swales. (also see City of Escondido Stormwater Management Requirements document).

"Tree survey"

is a drawing prepared to scale which provides the location, DBH, health and condition, and botanical and common names of mature and protected trees located on a given parcel. Said survey shall show any improvements, drainage, structures, or buildings existing or proposed for development and designate trees proposed for removal or retention. The drip lines of each tree shall also be graphically indicated on the drawing.

"Vegetation"

means any plant life and plant cover including mature trees, protected trees, and sensitive biological habitat.

(Ord. No. 2001-21, § 5, 8-22-01; Ord. No. 2017-03R, § 4, 3-22-17; Ord. No. 2018-07R, § 7, 4-18-18)

No person shall do any grading without first having obtained a grading permit from the city engineer except for the following, provided that the exempted activity does not affect sensitive biological species or habitats, mature or protected trees, and required landscaping, as defined in section 33-1052. The following exempt activities are subject to implementing erosion control measures as defined in the city's stormwater management requirements and may be subject to applicable stormwater discharge permits:

(a) 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 made with the material from such excavation, nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure;

(b) Cemetery graves controlled by other regulations;

(c) Refuse disposal sites controlled by other regulations;

(d) Excavations for wells, controlled by other regulations;

(e) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay, where established and provided for by law, provided such operations do not affect the lateral support, or increase the stresses in or pressure upon, any adjacent or contiguous property;

(f) Minor exploratory excavations and soil remediation under the direction of soil engineers, or engineering geologists at the discretion of the city engineer based on a case-by-case review when considering site conditions, topography, surrounding properties, and the extent of work involved;

(g) Grading which:

(1) Involves excavating less than two feet in depth,

(2) Does not create a cut slope greater than two feet in height and steeper than two horizontal to one vertical,

(3) Involves fill slopes less than one foot in depth and placed on a natural terrain with a slope flatter than five horizontal to one vertical,

(4) Does not exceed 200 cubic yards on any one lot, or

(5) Does not impact a drainage course (as determined by resource agencies).

(Ord. No. 2001-21, § 5, 8-22-01)

Whenever the city engineer determines that any existing excavation or embankment 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 or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the city engineer, shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this code.

(Ord. No. 2001-21, § 5, 8-22-01)

(a) Permits required. Except as exempted in section 33-1053 of this article, no person shall perform any grading without first obtaining a grading permit from the city engineer and applicable state-issued stormwater discharge permits. A separate permit shall be required for each site, and may cover both excavations and fills.

(b) Application. The provisions of section 302(a) of the Uniform Building Code are applicable to grading, and in addition the application shall state the estimated quantities of work involved.

(c) Plans and specifications. When required by the city engineer, each application for a grading permit shall be accompanied by two sets of plans and specifications, and supporting data consisting of a soil engineering report and engineering geology report. Additional sets of plans and specifications may be required by the city engineer.

(d) Information on plans and specifications. Plans shall be drawn to scale upon substantial paper, or cloth, and 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 code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall give the location of the work and the name and address of the owner, and the person by whom they were prepared.

The plans shall include the following information:

(1) General vicinity of the proposed site;

(2) Property limits and accurate contours of existing ground and details of terrain and area drainage;

(3) Limiting dimensions, elevations, or finish contours to be achieved by the grading, and proposed drainage channels and related construction;

(4) Detailed plans of all surface and subsurface drainage devices, including brow ditches, walls, cribbing, dams, protective fencing, and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains;

(5) Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners that are within 15 feet of the property or that may be affected by the proposed grading operations;

(6) Location and identification of any existing sensitive biological species, sensitive biological habitat, mature trees, or protected trees pursuant to section 33-1068(c);

(7) Letter of permission from property owner for any off-site grading;

(8) For projects greater than five acres, the Regional Water Quality Control Board's notice of intent file number.

(e) Soils engineering report. The soils engineering report required by subsection (c) of this section shall include data regarding the nature, distribution, and strength of existing soils; conclusions and recommendations for grading procedures; design criteria for corrective measures, when necessary; and opinions and recommendations covering adequacy of sites to be developed by the proposed grading. Recommendations included in the report and approved by the city engineer shall be incorporated in the grading plans or specifications.

(f) Engineering geology report. The engineering geology report required by subsection (c) of this section shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading. Recommendations included in the report and approved by the city engineer shall be incorporated in the grading plans or specifications.

(g) Issuance. The provisions of section 303 of the Uniform Building Code are applicable to grading permits. The city engineer may require that grading operations and project designs be modified if delays occur which incur weather-generated problems not considered at the time the permit was issued.

(h) Provisions for denial. A grading permit may be denied if the city engineer determines that:

(1) It is reasonably likely that the ultimate development of the land to be graded cannot occur without further grading requiring zoning administrator or director approval pursuant to the provisions of section 33-1066(c) of the criteria for grading design; or

(2) There is no approved development plan or environmental clearance under CEQA for the property to be graded; and

(3) The proposed grading may substantially limit development alternatives for the property; and

(4) It is probable that development of the property will require discretionary approvals (such as, but not limited to, a tentative subdivision or parcel map, a conditional use permit, or a planned development approval) by the city; or

(5) The proposed grading is detrimental to the public health, safety, or welfare; or

(6) The proposed grading is not in conformance with the requirements of sections 33-1068 through 33-1069, clearing of land and vegetation protection.

(i) Appeals. The city engineer's denial of a grading permit pursuant to subsection (h) of this section may be appealed to the planning commission in accordance with the provisions of section 33-1303 et seq. of Article 61 of this chapter.

(Ord. No. 2001-21, § 5, 8-22-01; Ord. No. 2017-03R, § 4, 3-22-17; Ord. No. 2021-10, § 6, 10-27-21)

The amount of the plan-checking and inspection fee for grading plans shall be as set forth by resolution of the city council of the City of Escondido.

(Ord. No. 2001-21, § 5, 8-22-01)

The city engineer 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 city engineer in an amount equal to that which would be required in the surety bond.

(Ord. No. 2001-21, § 5, 8-22-01)

(a) General. Unless otherwise recommended in the approved soils engineering and/or engineering geology report, cuts shall conform to the provisions of this section.

(b) Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use. Cut slopes shall be no steeper than two horizontal to one vertical, unless authorized pursuant to section 33-1066.

(c) Drainage. Drainage shall be provided as required by section 1061 of this article.

(Ord. No. 2001-21, § 5, 8-22-01)

(a) General. Unless otherwise recommended in the approved soils engineering report, fills shall conform to the provisions of this section. In the absence of an approved soils engineering report these provisions may be waived by the city engineer for minor fills not intended to support structures.

(b) Fill Location. Fill slopes shall not be constructed on natural slopes steeper than two to one (2:1)

(c) Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials, scarifying to provide a bond with the new fill and, where slopes are steeper than five to on (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 to one (5:1) shall be at least 10 feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. Where fill is to be placed over a cut, the bench under the toe of fill shall be at least 10 feet wide but the cut must be made before placing fill and approved by the soils engineer and engineering geologist as a suitable foundation for fill. Unsuitable soil is soil which, in the opinion of the city engineer or the civil engineer or the soils engineer or the geologist, is not competent to support other soil or fill, to support structures or to satisfactorily perform the other functions for which the soil is intended.

(d) Fill material. Detrimental amounts of organic material shall not be permitted in fills. Except as permitted by the city engineer, no rock or similar irreducible material with a maximum dimension greater than 12 inches shall be buried or placed in fills.

Exception: The city engineer 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 unless modified by the city engineer:

(1) Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan;

(2) Rock sizes greater than 12 inches in maximum dimension shall be 10 feet or more below grade, measured vertically;

(3) Rocks shall be placed so as to ensure filling of all voids with fines.

(e) Compaction. All fills shall be compacted to a minimum of 90% of maximum density as determined by U.B.C. Standard No. 70-1. Field density shall be determined in accordance with U.B.C. Standard No. 70-2 or equivalent as approved by the city engineer.

(f) Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than two horizontal to one vertical.

(g) Drainage. Drainage shall be provided and the area above fill slopes shall be graded and paved as required by section 33-1061 of this article.

(Ord. No. 2001-21, § 5, 8-22-01)

(a) General. The setbacks and other restrictions specified by this section are minimum and may be increased by the city engineer or by the recommendation of a civil engineer, soils engineer or engineering geologist, if necessary for safety and stability or to prevent damage of adjacent properties from deposition or erosion or to provide access for slope maintenance and drainage. Retaining walls may be used to reduce the required setbacks when approved by the city engineer.

(b) Setbacks from Permit Area Boundary. The tops and the toes of cut-and-fill slopes shall be set back from the permit area boundary, including slope right areas and easements, as far as necessary for the safety of adjacent properties and to prevent damage resulting from runoff or erosion of the slopes. Unless otherwise recommended in the approved soil engineering and/or engineering geology report and shown on the approved grading plan, setbacks shall be no less than shown on figure 1.

(c) Design Standards for Setbacks. Setbacks between graded slopes (cut or fill) and structures in residential zones shall be provided in accordance with Figure 1, Grading Setbacks.

(Ord. No. 2001-21, § 5, 8-22-01; Ord. No. 2017-03R, § 4, 3-22-17)

(a) General. Unless otherwise indicated on the approved grading plan, drainage facilities shall conform to the provisions of this section.

(b) Drainage swales or ditches shall be installed to the satisfaction of the city engineer.

(c) Subsurface Drainage. Cut-and-fill slopes shall be provided with subsurface drainage as necessary for stability.

(d) Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainageway approved by the city engineer and/or other appropriate jurisdiction as a safe place to deposit such waters. Site erosion shall be prevented by installing appropriate erosion control measures as described in the city's stormwater management requirements.

Building pads shall have a drainage gradient of 2% toward approved drainage facilities, unless waived by the city engineer.

Exception: The gradient from the building pad may be 1% if all of the following conditions exist throughout the permit area:

(1) No proposed fills are greater than 10 feet in maximum depth;

(2) No proposed finish cut or fill slope faces have a vertical height in excess of 10 feet;

(3) No existing slope faces, which have a slope face steeper than 10 horizontally to one vertically, have a vertical height in excess of 10 feet.

(e) Interceptor Drains. 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 40 feet measured horizontally. Interceptor drains shall be paved with a minimum of three inches of concrete or gunite and reinforced. They shall have a minimum depth of 12 inches and a minimum paved width of 30 inches measured horizontally across the drain. The slope of drain shall be approved by the city engineer.

(Ord. No. 2001-21, § 5, 8-22-01)

All construction projects are subject to implementation of best management practices as stated in the City of Escondido stormwater management requirements and the following:

(a) Temporary Erosion Control System.

(1) All construction projects involving site grading shall include erosion control plans prepared by a registered civil engineer and approved by the city engineer.

(2) Prior to issuance of grading permit, or issuance of building permit for projects that do not require grading permit, a refundable cash security shall be posted to pay for the costs incurred by the city for cleanup or damage caused by erosion resulting from project construction. Amount of cash security shall be 10% of the total estimated cost of grading work, a minimum $5,000 and maximum $30,000. However, for the development of a single-family residence that does not require a grading permit, this cash security shall be in the amount of $2,000.

(3) Temporary and permanent erosion control devices, in accordance with the stormwater management requirements, shall be provided to control erosion at all times.

(4) All public rights-of-way, including, but not limited to, paved streets, sidewalks, and parkway areas shall be maintained free of loose soil, mud, construction debris, and trash at all times.

(5) Graded building pads shall be provided with on-site erosion control system designed by a registered civil engineer and approved by the city engineer.

(6) The project owner shall provide sufficient equipment and qualified personnel to conduct emergency erosion control methods at all times. A 24 hour emergency contact person and telephone number shall be provided to the city engineer or his authorized representative.

(b) Temporary erosion control system maintenance.

(1) The project owner shall be responsible for continual maintenance and inspection of the erosion control system. In the event of failure or refusal by the project owner to properly maintain the system, the city engineer may cause emergency maintenance work to be done to protect public and private property. The cost shall be charged to the property owner.

(2) In the event that the city engineer must authorize emergency maintenance work to be done, he may revoke the grading permit by written notice to the property owner. The permit shall not be reissued until the erosion control system is reviewed and any necessary revisions as approved by the city engineer. Also, if the cash security for grading, cleanup and emergency work is drawn upon, the amount used for the emergency work by the city contractor shall be replaced prior to re-issuance of the grading permit.

(c) Permanent erosion protection. The following requirements shall be installed prior to final inspection:

(1) All manufactured slopes less than three feet in vertical height, or existing slopes stripped of vegetation shall be landscaped with suitable ground cover or installed with an erosion control system to the satisfaction of the director.

(2) All manufactured slopes over three feet in vertical height shall be landscaped with ground covers, shrubs and trees and shall be provided, with permanent irrigation system, to the satisfaction of the director.

(3) Failure to maintain slope planting in a satisfactory condition may cause the slopes to be replanted by the city or its contractor and the cost assessed to the owner.

(d) All construction projects shall employ the following general site best management practices (BMPs) to the maximum extent practicable:

(1) Minimizing areas that are cleared and graded to only the portion of the site that is necessary for construction;

(2) Minimizing exposure time of disturbed soil areas;

(3) Minimizing grading during the wet season and correlation of grading with seasonal dry weather to the extent feasible;

(4) Limiting grading to a maximum disturbed area as specified in the storm water management plan before either temporary or permanent erosion controls are implemented to prevent storm water pollution;

(5) Temporarily stabilizing and reseeding disturbed soil areas as rapidly as feasible;

(6) Preserving natural hydrologic features where feasible;

(7) Preserving riparian buffers and corridors where feasible;

(8) Maintaining all BMPs, until removed; and

(9) Retaining, reducing and properly managing all pollutant discharges on site to the maximum extent practical.

(e) All construction sites shall employ the following erosion and sediment controls to the maximum extend practicable:

(1) Installing erosion prevention BMPs as the most important measure for keeping sediment on site during construction, but never as the single method;

(2) Installing sediment controls as a supplement to erosion prevention for keeping sediment on site during construction;

(3) Stabilizing all inactive slopes during the rainy season and during rain events in the dry season;

(4) Stabilizing all active slopes during rain events regardless of the season; and

(5) Permanently revegetating or landscaping as early as feasible.

(f) Advanced treatment for sediment (e.g., flocculation, chemical treatment) shall be used at construction sites determined to be a high threat to water quality based on the following factors and specifications:

(1) Soil erosion potential or soil type;

(2) The site's slopes;

(3) Project size and type;

(4) Proximity to receiving water bodies;

(5) Non-storm water discharges;

(6) Ineffectiveness of other BMPs; and

(7) Any other relevant factors.

(Ord. No. 2001-21, § 5, 8-22-01; Ord. No. 2008-08, § 4, 2-27-08)

(a) General. All grading operations for which a permit is required shall be subject to inspection by the city engineer. When required by the city engineer, special inspection of grading operations and special testing shall be performed in accordance with the provisions of Section 108 of the Uniform Building Code and subsection (b) of this section.

(b) Grading requirements. It shall be the responsibility of the project civil engineer to incorporate all recommendations from the soils engineering and engineering geology reports and applicable state issued stormwater discharge permit requirements into the grading plan. The project civil engineer shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor and the city engineer. The civil engineer also shall be responsible for the preparation of revised plans and the submission of record grading plans upon completion of the work. The grading contractor shall submit, in a form prescribed by the city engineer, a statement of compliance to said record plan.

Soils engineering and engineering geology reports shall be required as specified in section 33-1055 of this article. During grading all necessary reports, compaction data and soil engineering and engineering geology recommendations shall be submitted to the civil engineer and the city engineer by the soils engineer and the engineering geologist.

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

The engineering geologist's area of responsibility shall include, but need not be limited to, professional inspection and approval of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters and the need for subdrains or other groundwater drainage devices. He shall report his findings to the soils engineer and the civil engineer for engineering analysis.

The city engineer shall inspect the project 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.

(c) Notification of noncompliance. If, in the course of fulfilling his responsibility under this chapter, the civil engineer, the soils engineer, the engineering geologist or the testing agency finds that the work is not being done in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the city engineer. Recommendations for corrective measures, if necessary, shall be submitted.

(d) Transfer of responsibility for approval. If the civil engineer, the soils engineer, the engineering geologist or the testing agency of record is changed during the course of the work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of his technical competence for approval upon completion of the work.

(Ord. No. 2001-21, § 5, 8-22-01)

(a) Final reports. Upon completion of the rough grading work, and at the final completion of the work, the city engineer may require the following reports and drawings and supplements thereto:

(1) A record grading plan prepared by the civil engineer including original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities. He or she shall provide approval that the work was done in accordance with the final approved grading plan.

(2) A soil grading report prepared by the soils engineer including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading and their effect on the recommendations made in the soils engineering investigation report. He or she shall provide approval as to the adequacy of the site for the intended use.

(3) A geologic grading report prepared by the engineering geologist including a final description of the geology of the site including any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. He or she shall provide approval as to the adequacy of the site for the intended use as affected by geologic factors.

(b) Notification of completion. The permittee or his agent shall notify the city engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work including installation of all drainage facilities and their protective devices and all erosion-control measures have been completed in accordance with the final approved grading plan, the required reports, and the record grading plan have been submitted.

(Ord. No. 2001-21, § 5, 8-22-01)

(a) Violation deemed nuisance. Any grading or clearing which is done in violation of any provision of this article shall be declared to be unlawful and a public nuisance, and the city attorney of the City of Escondido shall immediately commence action or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or using any such building or structure or using property contrary to the provisions of this code. The remedies provided for in this section shall be cumulative and not exclusive.

(b) Penalty for violation.

(1) Any grading or clearing which is done in violation of any provision of this chapter shall be a misdemeanor punishable by a one thousand dollar ($1,000.00) fine. Each day or any portion of a day that any person violates or continues to violate any provision of this chapter will constitute a separate offense and may be charged and punished separately without awaiting conviction on any prior offense.

(2) Any grading or clearing which, according to a field inspection of the property, was done in violation of the city's grading regulations shall be grounds for denying for five years all applications for land use and development approvals of any sort, including, but not limited to, grading permits, major and minor subdivisions, rezones, specific plans, specific plan amendments, and general plan amendments proposed for the property on which the violation occurred. The five year period shall commence from the date of the violation, if documented, or from the date of discovery of the violation as determined by the city engineer based on reasonable evidence.

(3) Upon evidence that mitigation measures have been taken to rehabilitate the site, or that other appropriate measures have been taken to mitigate the adverse effects of the illegal grading or clearing, the city council may waive any penalty imposed by this section.

(Ord. No. 2001-21, § 5, 8-22-01)

(a) Protection.

(1) No person shall destroy or do any clearing of vegetation and mature trees, nor destroy, clear, trim, or cut protected trees, in violation of this chapter, including deliberately damaging a mature or protected tree so that the removal of the tree is necessary to maintain public safety.

(2) Every feasible effort shall be made to preserve sensitive biological habitat, sensitive biological species, mature trees, and protected trees in-place on the project site through consideration of alternative means of accomplishing the desired action or project, to the satisfaction of the director.

(3) All feasible measures to avoid damage to existing trees and vegetation to remain shall be taken by the owner or developer during clearing, grading, and construction. A report prepared by a professional and provided at the applicant's expense, which provides recommendations on methods to minimize damage to the tree(s), may be required upon determination of the director.

(4) Rigid protective barriers of a type acceptable to the director shall be placed around the dripline of all trees and vegetation designated to remain. The barricades or fencing are to remain in place until completion of all grading and construction.

(5) In conjunction with new construction or improvement projects, no activity, including grading and trenching, that disturbs the root system within the dripline of protected or required trees on all size lots, and also within the dripline of mature trees on lots two acres or larger, shall be permitted unless the proposed disturbance is determined appropriate by the director through the evaluation process established by section 33-1068.C.

(6) All future owners of parcels on which trees or habitat are required to be maintained as a condition of approval shall be responsible for continued maintenance of such vegetation. The director may require a deed restriction, or other appropriate document, which notifies future owners of this requirement and the condition(s) of approval.

(b) Replacement.

(1) Required landscaping which is removed shall be replaced with equivalent plant material consistent with the original requirement(s).

(2) Sensitive biological habitat and sensitive biological species which are removed shall be mitigated either on-site or off-site by the planting of the same habitat species at a minimum ratio of one to one (1:1). Higher replacement ratios, or different plant species, may be required by the director for conformance with other federal, state, or local codes and agreements in effect at the time of the review of the application.

(3) If replacement of sensitive biological species and/or habitat is not feasible on-or off-site, other equivalent mitigation measures may be considered by the director.

(4) If mature trees cannot be preserved on-site, they shall be replaced at a minimum one to one (1:1) ratio. The preferred replacement is a tree(s) of equal size and caliper. Protected trees shall be replaced at a minimum two to one (2:1) ratio.

(5) The number, size and species of replacement trees shall be determined on a case-by-case basis by the director, based on the specific circumstances of each request, the characteristics and condition (size, age and location) of the individual trees involved, and any professional report.

(6) The planting location of the replacement trees may be on-site or elsewhere in the city, as determined by the director.

(7) Replacement trees and habitat mitigation sites shall be maintained in a flourishing manner on a continuing basis.

(Ord. No. 2001-21, § 5, 8-22-01)