"Accelerated erosion"
means the rate and amount of erosion caused by development activities that exceed the natural processes by which the surface of the land is worn away. Erosion includes the movement or loss of soil by the action of water, wind or chemicals.
"Approved"
means approved by the city.
"Approved method"
means a method approved by the city which it finds will produce the results specified in this title.
"Architect"
means a registered architect licensed by the state of California.
"As-graded"
means the ground surface conditions extant on completion of grading.
"Best management practices (BMPs)"
means any program, activity, technology, process, siting criteria, operational method, practice, facility and/or procedure that when properly implemented will control, prevent, remove or reduce pollutants in discharges. "Source control" BMPs (both structural and nonstructural) are operational practices or methods that prevent pollution by reducing potential pollutants at the source. A "site design" BMP is a source control BMP and means any design feature that reduces the creation or severity of potential pollutant sources or reduces the alteration of the project site's natural flow regime. "Treatment control" BMPs are structural methods of treatment to remove pollutants from urban runoff. (The city utilizes the BMPs which have been specified in the city's jurisdictional urban runoff management program (JURMP). Presently, these BMPs have been developed, and may be amended from time to time, by the California Stormwater Quality Association (CASQA) and can be referenced at www.cabmhandbooks.com. The city reserves the right to implement any equivalent BMP prepared by other qualified water quality organizations or government agencies.)
"Bedrock"
means the solid, undisturbed rock in place either at the ground surface or beneath surficial deposits of gravel, sand or soil.
"Bench"
means a relatively level terrace or shelf excavated into earth material on which fill is to be placed or within a cut or fill slope.
"Blending"
is a term for the intermixing and compaction of natural site soils, such as of materials from two natural soil horizons, or for the intermixing or admixing and compaction of natural site soils with imported soil or other materials.
"Borrow"
means soil, rock or other material acquired from an off-site location for use in the planned grading.
"Buttress fill"
means a compacted fill which is placed in an area where soft natural soils beneath a planned fill would be overstressed by the weight of the new fill. The buttress fill is placed after the soft natural soils have been removed.
"City"
means the city of Laguna Beach and/or its building official, city engineer, designated assistant, or other person who may be designated by the city manager.
"Certification"
means a written engineering and engineering geological opinion concerning the progress and completion of the work including a professional opinion that the graded site is suitable for the intended use.
"Compaction"
means the densification of earth materials by mechanical manipulation.
"Competent material"
means earth material capable of withstanding the loads which are to be imposed upon it without failure or detrimental settlement as properly certified.
"Construction project"
means any activity which disturbs the ground, such as grading, stockpiling or excavation usually done in preparation to place and assemble finish materials for human use or habitation, such as driveways, roads or structures.
"Contour rounding"
means the rounding of cut and fill slopes in the horizontal and vertical plane to blend with existing contours or to provide horizontal and vertical variation to eliminate the artificial appearance of slopes.
"Depth of cut or fill"
means the vertical distance between existing natural ground and the finish elevation at any location.
"Developed lot"
means those lots with permitted or authorized structures on them.
"Discretionary review body"
means the city council, planning commission and/or the board of adjustment/design review board of the city in their capacity to conduct public hearings on projects that are not ministerial in nature.
Concept grading plans will be subject to the discretion of the planning commission and city council for those projects otherwise requiring planning commission and city council approval. All other concept grading plans, except those for trenching and backfill of trenches as defined under "grading" and "minor work," will be subject to the discretion of the design review board.
"Earth material"
means any rock, natural soil or fill and/or any combination thereof.
"Engineer"
means a civil engineer licensed by the state of California. Soil engineer shall mean a civil engineer who is knowledgeable and experienced in soil mechanics and slope stability analysis. Tract or site engineer means the Civil Engineer who is responsible for the design and engineering supervision of the tract or site development.
"Engineering"
means 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.
"Engineering geologist"
means a person approved by the engineering geologist qualification board of the county of Orange or other approved government agency.
"Engineering geology"
means the application of geological knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for the purpose of assuring that geological factors are recognized and adequately interpreted in engineering practice.
"Erosion"
means the process by which the ground surface is worn away by the action of water or wind.
"Excavation"
means any mechanical act by which earth, sand, gravel, rock or any other material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and includes the conditions resulting therefrom.
"Existing grade"
means the elevation of the existing ground surface prior to excavating or filling.
"Fill"
means deposits of soil, rock or other materials placed by artificial means.
"Finish grade"
means the final grade or elevation of the ground surface conforming to the approved design.
"General construction permit"
means a permit issued by the state water resources control board for a construction activity which disturbs one or more acres of soil or which disturbs less than one acre but are part of a larger common plan of development that in total disturbs one or more acres. Construction activities subject to this "general construction permit" include clearing, grading and disturbances to the ground such as stockpiling, or excavation, but does not include regular maintenance activities performed to restore the original line, grade or capacity of a facility. The "general construction permit" requires the filing of a "notice of intent" and the development and implementation of a storm water pollution prevention plan (SWPPP). The SWPPP contains site map(s) which show the construction site perimeter, existing and proposed buildings, lots, roadways, storm water collection and discharge points, general topography both before and after construction, and drainage patterns across the project. The SWPPP must list best management practices (BMPs) the discharger will use to protect storm water runoff and the placement of those BMPs. Additionally, the SWPPP must contain a visual monitoring program; a chemical monitoring program for "non-visible" pollutants to be implemented if there is a failure of BMPs; and a sediment monitoring plan if the site discharges directly to a water body listed on the 303(d) list for sediment.
"Grade"
means the vertical location of the ground surface.
"Grading"
means any excavation, filling or combination thereof, including grubbing and stockpiling, and includes the conditions resulting from any excavation or fill. Grading also includes excavation and backfill of trenches for sanitary sewers, storm drainage pipes, oil, gas or water pipelines not covered by a subdivision agreement, in any area beyond the limits of paved street surfaces, where any public or private property can be subjected to flood, earth slide, erosion or debris damage as a result of the proposed trench excavation.
"Grubbing"
means any act by which vegetation, including trees, timber, shrubbery and plants is removed, dislodged, uprooted or cleared from the surface of the ground. Grubbing does not include landscaping activities on developed lots nor the cutting of vegetation without substantial disturbance of the soil.
"Height of cut and fill slopes"
means the finish vertical distance from the top to toe of slope as measured prior to the application of any required slope rounding.
"Jurisdictional urban runoff management plan (JURMP)"
means the city's local program to implement the National Pollution Discharge Elimination System/Municipal Separate Storm Sewer System (NPDES/MS4) permit requirements based on the county of Orange drainage area management plan (DAMP) guidance document, including all appendices, together with any amendments or revisions.
"Landscape architect"
means a registered landscape architect licensed by the state of California.
"Key or keyway"
is a designated compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.
"Minor work"
means excavation or fill involving twenty cubic yards or less, for landscaping on developed lots including landscape construction such as planters, planter walls or low retaining walls not exceeding two feet six inches in height, not supporting a surcharge, and not located within three feet of a property line, public right-of-way or public sidewalk.
"Permit"
means any written authorization issued pursuant to this title, together with application for the same, the conditions upon which it was issued, together with any plans, specifications, reports and approved modifications pertaining thereto.
"Permittee"
means any person or entity to whom a grading permit is issued.
"Person"
means any individual, firm, copartnership, joint venture, association, social group, fraternal organization, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit, except the United States of America, the state of California, and any political subdivisions thereof. For the purposes of this title, the city of Laguna Beach shall be considered a person.
"Pollutant"
means any agent that may cause or contribute to the degradation of water quality such that a condition of pollution or contamination is created or aggravated, including but not limited to:
(1) 
Artificial materials (such as floatable plastics, wood products or metal shavings);
(2) 
Household waste (such as trash, paper, and plastics; cleaning chemicals; yard wastes; animal fecal materials; used oil and fluids from vehicles, lawn mowers and other common household equipment);
(3) 
Metals and nonmetals, including compounds of metals and nonmetals, (such as cadmium, lead, zinc, copper, silver, nickel, chromium, cyanide, phosphorus and arsenic), with characteristics which cause an adverse effect on living organisms;
(4) 
Petroleum and related hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants and grease);
(5) 
Animal wastes (such as discharge from confinement facilities, kennels, pens and recreational facilities, including, stables, show facilities, or polo fields);
(6) 
Substances having a pH less than 6.5 or greater than 8.6, or unusual coloration, turbidity or odor;
(7) 
Waste materials and wastewater generated on construction sites and by construction activities (such as painting and staining; use of sealants and glues, use of lime; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes or stucco fragments; application of oils, lubricants, hydraulic, radiator or battery fluids; construction equipment washing; concrete pouring and cleanup; use of concrete detergents; steam cleaning or sand blasting; use of chemical degreasing or diluting agents; and use of super chlorinated water for potable water line flushing);
(8) 
Materials causing an increase in biochemical oxygen demand, chemical oxygen demand or total organic carbon;
(9) 
Materials which contain base/neutral or acid extractable organic compounds;
(10) 
Those pollutants defined in Section 1362(6) of the federal Clean Water Act; and
(11) 
Any other constituent or material, including but not limited to pesticides, herbicides, fertilizers, fecal coliform, fecal streptococcus or enterococcus, or eroded soils, sediment and particulate materials, in quantities that will interfere with or adversely affect the beneficial uses of the receiving waters, flora or fauna of the state.
"Prohibited discharge"
means any discharge into and from the storm water drainage system done in a manner causing, or threatening to cause, a condition of pollution, contamination or nuisance (as defined in Clean Water Act Section 13050), in waters of the state as defined in the NPDES/MS4 permit; and discharges from the storm water drainage system that cause or contribute to exceedance of receiving water quality objectives for surface water or groundwater.
"Rock"
means natural solid mineral matter occurring in large masses or fragments.
"Rough grade"
means an approximate elevation of the ground surface conforming to the approved design.
"Site"
means a lot or parcel of land or contiguous combination thereof where grading is performed or permitted.
"Slope"
means the exposed inclined ground surface of a fill excavation or natural terrain having an incline of greater than twenty to one with a horizontal plane.
"Soil"
means sediments or other unconsolidated accumulation of soil particles produced by the physical and chemical disintegration of rock, and which may or may not include organic matter. Soil includes earth and topsoil.
"Stockpiling"
means the temporary storage of soil, sand, gravel, rock, or other similar material upon premises for the purpose of using the material as fill material at any location at a future time.
"Storm water permits"
are any permits issued by a local, state or federal regulatory agency regulating stormwater flow over and from any project subject to this title including, but not limited to, the San Diego Regional Water Quality Control Board (SDRWQCB) National Pollutant Discharge Elimination System (NPDES) or Municipal Separate Storm Sewer System (MS4) permit.
"Water quality requirements"
are the requirements relevant to activities that are found in city of Laguna Beach Municipal Code Title 16—"Water Quality Control" Ordinance, the Orange County drainage area management plan (DAMP) including all appendices and the city's jurisdictional urban runoff management program (JURMP) as amended, individual water quality/urban runoff management plans (WQMPs), as well as requirements relevant to construction project activities that are subject to this title.
(Ord. 1237 § 1, 1992; Ord. 1422 § 2, 2003; Ord. 1442 § 2, 2004)