Note: Prior ordinance history: Ord. 2002-985.
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)
"Best management practices"
shall have the same meaning as set forth in Section 8.30.030.
"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.
"Discharge"
shall have the same meaning as set forth in Section 8.30.030.
"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.
"Maximum extent practicable (MEP)"
shall have the same meaning as set forth in Section 8.30.030.
"Non-stormwater discharge"
shall have the same meaning as set forth in Section 8.30.030.
"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"
shall have the same meaning as set forth in Section 8.30.030.
"Stormwater management plan"
shall have the same meaning as set forth in Section 8.30.030.
"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:
1. 
Injunctive relief;
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;
5. 
Civil penalties;
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).
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.
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)