"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 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.
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"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.
"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)