The purpose of these grading requirements is to address slope stability, protection of property, erosion control, and water quality and to protect the public health, safety, and welfare of persons, property, and the environment. A grading permit shall be approved if the proposed work is consistent with the Imperial Beach Municipal Code, applicable development standards, any development permits for that project, the terms of the NPDES Permit No. CAS0109266 and any other requirements imposed by the City Manager for the purpose of ensuring that pollutant discharges are reduced to the maximum extent practicable and water quality objectives are not violated. All soil disturbance activities shall include BMPs to prevent soil erosion or other pollutant discharges from the project area in accordance with Imperial Beach Municipal Code Chapters
8.30 and
15.54, as applicable, whether or not a permit or other approval is required.
(Ord. 2008-1064 § 1; Ord. 2016-1158 § 4)
"City"
means the City of Imperial Beach.
"Civil engineer"
means a professional engineer registered in the State of
California to practice in the field of civil engineering as defined
in Section 6731 of the California
Business and Professions Code. He
or she is the person directly responsible for the project design,
plan certification, and construction supervision.
"Development"
means new development or redevelopment with land disturbing
activities, construction, or installation of a structure, the creation
of impervious surface or land subdivision.
"Drainage plan"
means a plan that may be provided on a plan sheet that shows
existing and proposed site drainage within a property that is to be
developed or rough graded. The drainage plan shall be prepared by
a registered civil engineer, an architect, or other qualified and
licensed professionals, and shall comply with the standards and requirements
of the City Engineer. If, for a given development, no grading is proposed,
or the earthwork quantity involved in the grading is below the established
limit of this chapter, and for which a grading plan is not required,
then as a minimum, a drainage plan shall be submitted for the development.
"Erosion and sediment control plan"
means a plan that may be provided on a plan sheet for a grading
permit prepared and signed and stamped/sealed by a civil engineer
competent in the preparation of such plans and knowledgeable about
current erosion and sediment control measures. The plan shall provide
for protection of exposed soils, prevention of discharge of sediment,
and desiltation of run-off at frequent intervals along flowage areas,
at entrances to storm drains, at entrances to streets and driveways,
and at the exit of the area being graded.
"Erosion and sediment control system"
means any combination of desilting facilities, retarding
basins, flow decelerates, and/or erosion protection (including effective
planning and the maintenance thereof) to protect the project site,
adjacent private property, watercourses, public facilities, graded
improvements, existing natural facilities, archaeological artifacts,
and relieve waters of suspended sediments or debris prior to discharge
from the site.
"General construction NPDES permit"
means the statewide general stormwater permit for construction
projects issued by the State Water Resources Control Board to regulate
the discharge of stormwater from active construction projects. The
general construction permit requires the development and implementation
of a stormwater pollution prevention plan (SWPPP).
"Grade"
means the vertical location of the ground surface, in relation
to a benchmark elevation in the City.
"Rainy season"
means the period beginning October 1st and ending April 30th
in the next calendar year. The remainder of the year is the dry season.
"Stormwater pollution prevention plan (SWPPP)"
means a document which describes the BMPs to be implemented
by the owner or operator to eliminate or reduce the discharge of pollutants
from construction activities to the MEP as required by the statewide
stormwater general construction NPDES permit.
(Ord. 2016-1158 § 4)
No grading, including clearing of vegetative matter, shall be
done until all necessary environmental clearances are secured and
reviewed by the City for the work listed in this section. The following
work shall require a grading permit:
A. Any
grading within open space easements or City-owned open space;
B. Any
grading required for the restoration of unauthorized grading;
C. Any
grading within the 100-year floodplain;
D. Any
grading as a condition of approval of a discretionary permit, including
subdivision maps, parcel maps, conditional use permits or other discretionary
approvals;
E. Any
grading that includes any of the following:
1. Excavation
or fill that results in a slope with a gradient of 25% or greater
(four horizontal feet to one vertical foot) and for which the depth
or height at any point is more than three feet measured vertically
at the face of the slope from the top of the slope to the bottom of
the slope,
2. Excavation
or fill for which the depth or height at any point from the lowest
grade to the highest grade at any time during the proposed grading
is more than 18 inches measured vertically,
3. Excavation
or fill greater than 50 cubic yards,
4. Grading
for which the graded area is more than one acre.
(Ord. 2008-1064 § 1; Ord. 2016-1158 § 4)
A grading permit shall not be required for the work listed below:
A. Earthwork
construction regulated by the federal, state, county or city governments,
or by a local agency as defined by
Government Code Sections 53090
through 53095 (special districts); pipeline or conduit excavation
and backfill conducted by local agencies or public utilities; or earthwork
construction performed by railway companies. The exemption, however,
shall apply only when the earthwork construction takes place on the
property, dedicated rights-of-way or easements of the above agencies
or utilities;
B. Excavation
and backfill for installation of underground utilities by public utilities
or companies operating under the authority of a franchise or public
property encroachment permits;
C. Exploratory
excavations under the direction of soil engineers, archeologists,
paleontologists or engineering geologists;
D. The
deposit of material in any disposal area operated or licensed by the
City where the operation and conduct thereof does not block or divert
any natural drainage way, affect the lateral support of or unduly
increase the stresses in or pressures upon any adjacent or contiguous
property.
(Ord. 2008-1064 § 1; Ord. 2016-1158 § 4)
A. An
approved grading permit shall be issued after the prescribed fees
have been paid, the required insurance has been guaranteed, and, if
required, the prescribed bond has been posted.
B. The
applicant shall not begin any work, construction, or use on the property
that must be authorized by a grading permit until the required permit
has been issued.
C. A grading
permit shall not be issued for a development that requires a development
permit until the development permit has been issued.
D. An
application for a grading permit and any other approval in this chapter,
unless otherwise stated, may be approved or denied by a staff person
designated by the City Manager. A public hearing will not be held.
If a grading permit is issued for a project that requires other discretionary
approvals, the grading permit shall not be deemed approved until final
approval of other development permits in which grading conditions
must also be approved.
E. An
approved grading permit shall include a grading and drainage plan
approved by a civil engineer registered with the State of California.
The City Manager or designee may exempt a project upon a determination
that approval by a civil engineer is not required.
F. Any
person may appeal the approval, denial or any condition of approval
contained in a grading permit within 10 days of the decision. The
appeal shall be taken to the Planning Commission or City Council depending
upon the existence of other discretionary approvals required for the
project. The Community Development Director shall determine the appropriate
body to hear the appeal. Appeals from the decision of the Community
Development Director or Planning Commission shall be subject to appeal
to the City Council which must be filed within 10 days of the decision.
(Ord. 2008-1064 § 1; Ord. 2016-1158 § 4)
Each applicant shall be required to implement measures to ensure
that pollutants from the site will be reduced to the maximum extent
practicable and will not cause or contribute to an exceedance of water
quality objectives. Grading permits shall include the following conditions,
or equivalent requirements:
A. A stormwater management plan to manage stormwater and non-stormwater discharges from the site at all times including the use of best management practices (BMPs), as defined in Section
8.30.030, that are applicable to the season in which the work is to take place.
B. An
erosion and sediment control plan that may be provided on a plan sheet
that identifies the erosion and sediment control systems for the development
site.
C. A drainage
plan that may be provided on a plan sheet that identifies the existing
and proposed changes to the drainage pattern to the development site.
D. To
the extent feasible, to minimize grading during the wet season, October
1st through April 30th, and coincide grading with seasonal dry weather
periods. If grading does occur during the wet season, the applicant
shall implement site specific, seasonally appropriate, and construction
phase appropriate stormwater BMPs.
E. The
permit shall include erosion and sediment control measures intended
to be the primary method of keeping sediment on site during the grading
process and related construction.
F. In
addition to erosion and sediment control measures, applicants shall
implement BMPs that address smart project planning, good site management
(housekeeping), non-stormwater management, run-on and runoff control,
and active/passive sediment treatment systems where applicable.
G. Applicants
shall be required to minimize areas that are cleared and graded to
only those portions of the site that are necessary for construction.
H. Applicants
shall, to the extent practicable, minimize exposure time of disturbed
soil areas.
I. Applicants
shall temporarily stabilize and reseed disturbed areas as rapidly
as feasible.
J. Applicants
shall permanently revegetate or landscape as early as feasible.
K. The
grading permit shall include a requirement to stabilize all slopes
subject to land disturbance activities.
L. Applicants
subject to California's statewide general construction NPDES
permit for stormwater must provide proof of coverage under the statewide
permit.
M. If
warranted by the scope of the project, the permit may require the
posting of a bond or other financial assurance to assure completion
of the work.
N. All
removable protective devices shown shall be in place at the end of
each working day when there is a 50% chance of rain within a 48-hour
period. If the developer does not provide the required installation
or maintenance of erosion control structures within two hours of notification
at the 24-hour number on the plans, the City Engineer may order City
crews to do the work or may issue contracts for such work and charge
the cost of this work along with reasonable overhead charges to the
cash deposits or other instruments implemented for this work without
further notification to the owner. No additional work on the project
except erosion control work may be performed until the full amount
drawn from the deposit is restored by the developer.
O. At
any time of year, an inactive site shall be fully protected from erosion
and discharges of sediment. A site is considered inactive if construction
activities have ceased for a period of 10 or more consecutive days.
P. No
grading work shall be allowed between October 1st and the following
April 30th on any site when the City Engineer determines that erosion,
mudflow or sediment of silt discharge may adversely affect downstream
properties, drainage courses, storm drains, streets, easements, or
public or private facilities or improvements unless an approved erosion
control system has been implemented on the site. If the City determines
that it is necessary for the City to cause erosion control measures
to be installed or cleanup to be done, the developer shall pay all
of the City's direct and indirect costs including extra inspection,
supervision, and reasonable overhead charges.
Q. All
natural hydrologic features and riparian buffer zones and corridors
must be preserved to eliminate or minimize runoff from construction
sites. Polluted runoff generated in construction sites should be treated
to maximum extent practicable prior to discharge into the said features.
(Ord. 2008-1064 § 1; Ord. 2016-1158 § 4)
A. A grading
permit shall become void if, at any time after the work has begun,
the grading or other work authorized by the grading permit is suspended
or abandoned for an unreasonable period of time as determined by the
City Manager, but in no event for a continuous period of 60 days or
more.
B. A grading
permit shall expire and become void 180 days after the date of permit
issuance, unless an exception is granted in one of the following ways:
1. At
the time of permit issuance, the City Manager may approve an expiration
date exceeding 180 days if the permittee can demonstrate that the
complexity or size of the project makes completion of the project
within 180 days unreasonable. The expiration date for the grading
permit shall be specified on the permit. No more than 24 months of
total extensions may be authorized; or
2. A grading permit issued as part of a subdivision improvement agreement, under Section
18.16.210, shall expire in accordance with the terms of that agreement.
C. A grading
permit holder may submit an application for an extension of time to
the City up to 60 days before the expiration of the grading permit.
The City Manager may extend the grading permit for a period not exceeding
180 days if the City Manager determines that circumstances beyond
the control of the permittee prevented completion of the work. If
an application for an extension has been submitted before the expiration
date of the grading permit and in accordance with this section, the
existing permit shall automatically be extended until the City Manager
has made a decision on the application for extension. A new application
shall be required for all requests for extensions submitted after
the grading permit has expired.
(Ord. 2008-1064 § 1; Ord. 2016-1158 § 4)
A. Any
proposed construction change to a grading permit must be approved
before commencement of the construction change.
B. A proposed
construction change to a grading permit that was approved in conjunction
with another permit or map may be approved if the proposed change
is in substantial conformance with the other approved permit or map.
If the proposed change is not in substantial conformance with the
other approved permit or map, the other permit or map must be amended
before consideration of the construction change.
(Ord. 2008-1064 § 1; Ord. 2016-1158 § 4)
The permittee shall notify the community development department
when the grading operation is ready for final inspection. Interim
inspections shall be scheduled at the discretion of the Community
Development Director or designee. Final approval shall not be given
until all work, including installation of all drainage facilities
and their protection devices, and all erosion-control measures have
been completed in accordance with the final approved grading plan.
(Ord. 2008-1064 § 1; Ord. 2016-1158 § 4)
A. For
all public watercourses, the applicant shall grant or cause to be
granted to the City, at the City Engineer's discretion, a drainage
easement (riparian buffers and corridors) in accordance with the requirements
of the City Engineer prior to the issuance of a grading permit, or
prior to the approval of a grading plan.
B. For
all private watercourses, including brow ditches, where the continuous
functioning of the drainage way is essential to the protection and
use of multiple properties, a covenant, a maintenance agreement and/or
deed restriction shall be recorded by the applicant, placing the responsibility
for the maintenance of the drainage way(s) on the owners of record
of each respective lot affected. Permanent off-site drainage or flowage
easements, as required by the City Engineer, shall be acquired by
the applicant. Such easements shall be subject to approval by the
City Engineer and recorded prior to approval of the grading plan,
or issuance of a grading permit.
C. No
man-made dams, ponds, diversions, flow decelerators or excessive vegetation
shall be placed, allowed to be placed, or allowed to grow within the
property subject to an approved grading plan, or a grading permit,
without suitable provisions, as approved by the City Engineer, for
maintenance. Erosion or siltation as a result of these features shall
be the sole responsibility of the property owner.
D. The
permittee has the right to the proper discharge of natural drainage,
within the provisions of this division, into natural drainage courses.
The quantity of peak runoff shall be limited to the quantity of peak
run-off of predevelopment conditions. This includes the right to discharge,
within natural basins, runoff due to decrease of permeability of the
property from grading operations, landscaping, and the construction
of improvements and to discharge a reasonable silt load in this runoff
comparable to the historic, predevelopment condition.
(Ord. 2008-1064 § 1; Ord. 2016-1158 § 4)
A. If,
at any stage of work for which an approved grading plan, or a grading
permit, is required, the City Engineer determines that authorized
grading is likely to endanger any public or private property or result
in the deposition of debris on any public way or interfere with any
existing drainage course, the City Engineer may specify and require
reasonable safety precautions to avoid the danger. The permittee may
be responsible for removing excess soil and debris deposited upon
adjacent and downstream public or private property resulting from
his or her grading operations. Soil and debris shall be removed and
damage to adjacent and downstream property repaired as directed by
the City Engineer. Erosion and siltation control shall require temporary
or permanent siltation basins, energy dissipaters, or other measures
as field conditions warrant, whether or not such measures are a part
of approved plans. Cost associated with any work outlined in this
section shall be incurred by the permittee.
B. No
off-site work will be required when, in the opinion of the City Engineer,
the permittee has properly implemented and maintained erosion control
measures and the deposition of soil and debris or erosion on adjacent
properties is the direct or indirect result of actions of the downstream
property owner.
(Ord. 2008-1064 § 1; Ord. 2016-1158 § 4)
All development projects must implement post-construction BMPs as detailed in the Imperial Beach BMP Design Manual as required in Section
8.30.090.
(Ord. 2008-1064 § 1; Ord. 2016-1158 § 4)
As applicable, all applications for permits related to construction activities, regardless of the date of submittal and including, but not limited to, projects that require an approved grading plan or permit, shall include a stormwater management plan as required in Section
8.30.080 designed to limit erosion of all disturbed portions of the property and to eliminate the transport of soil onto adjacent properties or into streets, storm drains, or drainage ways.
(Ord. 2008-1064 § 1; Ord. 2016-1158 § 4)
All BMPs for erosion prevention and sediment control shall be
functional at all time. Prior to any forecast rain events and after
each major storm, all BMPs shall be inspected to assure the functionality.
BMP maintenance shall be conducted throughout the life of the project.
(Ord. 2008-1064 § 1; Ord. 2016-1158 § 4)
A. Administrative Penalties. Administrative penalties may be imposed pursuant to the Imperial Beach Municipal Code Chapter
1.22. Any later-enacted administrative penalty provision in the code shall also be applicable to violations of this chapter, unless otherwise provided therein.
B. Misdemeanor Penalties. Noncompliance with any part of this chapter may be charged as a misdemeanor and may be enforced and punished as prescribed in the
Penal Code and
Government Code of the State of California, and the Imperial Beach Municipal Code Chapter
1.12.
C. Penalties
for Infractions. Any violation of this chapter may be charged as an
infraction at the discretion of the prosecutor. Infractions may be
abated as a nuisance or enforced and punished as prescribed in this
code,
Penal Code and
Government Code of the State of California.
D. For Civil Actions. In addition to other penalties and remedies permitted in this chapter, a violation of this chapter may result in the filing of a civil action by the City pursuant to Chapter
1.12 of the Imperial Beach Municipal Code. Except where a maximum monetary amount is specified, the following may also be awarded without monetary limitations in any civil action:
2. Costs
to investigate, inspect, monitor, survey, or litigate;
3. Costs
to place or remove soils or erosion control materials, costs to correct
any violation, and costs to restore environmental damage or to end
any other adverse effects of a violation;
4. Compensatory
damages for losses to the City or any other plaintiff caused by violations;
and/or restitution to third parties for losses caused by violations;
6. Reasonable
attorney fees; and
7. Fines
assessed against the City by the RWQCB.
As part of a civil action filed by the City to enforce provisions of this chapter, a court may assess a maximum civil penalty in accordance with the general penalty clause as set forth in Section 1.12.010 or 1.12.020 of this code, or any other penalty adopted by the City, but in any case to be assessed per violation of this chapter for each day during which any violation of any provision of this chapter is committed, continued, permitted or maintained by such person(s).
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In determining the amount of any civil liability to be imposed
pursuant to this chapter, the court shall take into consideration
the nature, circumstances, extent, and gravity of the violation or
violations, whether any discharge caused the violation is susceptible
to cleanup or abatement, and, with respect to the violator, the ability
to pay, the effect on ability to continue in business, any voluntary
cleanup efforts undertaken, any prior history of violations, the degree
of culpability, economic savings, if any resulting from the violation,
and such other matters as justice may require.
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E. Public Nuisance Abatement. Violations of this chapter are deemed a threat to public health, safety, and welfare; and are identified as a public nuisance. If actions ordered pursuant to this chapter are not performed, the authorized enforcement official may abate any public nuisance pursuant to Chapter
1.16 of the Imperial Beach Municipal Code. City costs for detection of the violation and abatement, if not paid in full by the discharger in addition to any other penalties, may be made a lien against the property in accordance with this procedure.
(Ord. 2008-1064 § 1; Ord. 2016-1158 § 4)